reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 7 - REVEGETATION AND SOIL STANDARDS › Section R11-2-705 - Off-site Soil

Current through Register Vol. 30, No. 28, July 12, 2024
Soil may be brought in from an off-site location, and may
				  include any growth media that will support vegetation, will provide a stable
				  growing surface, and will not create a hazard to public
				  safety.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-801 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Unless expressly defined in the Act or this Chapter, the
				  terms used in this Article have the same meanings as understood pursuant to
				  generally accepted accounting principles and practices.
B. In addition to the definitions provided in A.R.S. §
									27-901,
				  the following definitions apply to this Article:
"ICPA" means Independent Certified Public Accountant.
"Parent corporation" means a corporation which directly owns
				  at least 50% of the voting stock of the corporation which is the owner or
				  operator. Any latter corporation is considered a "subsidiary" of the parent
				  corporation.
"Substantial business relationship" means the extent of a
				  business relationship which is necessary, under applicable state law, to make a
				  guarantee contract (issued on the basis of that relationship) valid and
				  enforceable. A "substantial business relationship" shall arise from a pattern
				  of recent or ongoing business transactions, so that a currently existing
				  business relationship between guarantor and the owner or operator is shown to
				  the satisfaction of the State Mine Inspector.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-802 - Amount of Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				In estimating the cost of executing the reclamation plan, all activities in the
				reclamation plan shall be addressed, including, if applicable:
1. Earth moving, regrading, and stabilization
				of surface disturbances included in the reclamation plan;
2. Revegetation, preparation of seedbed, and
				planting;
3. Demolition of
				buildings and other structures;
4.
				For new exploration operations, removal of trash and other materials and
				structures incidental to exploration;
5. Any ongoing or long-term activities which
				are required to maintain the effectiveness of reclamation or are necessary in
				place of reclamation, including periodic clean-out of sediment basins or
				maintenance of berms and fences which are used to prevent access to areas which
				pose a threat to public safety;
6.
				Equipment mobilization and demobilization;
7. Contractor profit; and
8. Administrative overhead.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-803 - Blanket Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A single financial assurance mechanism covering 2 or more mining units or
				facilities may be provided by an owner or operator instead of separate
				financial assurances for each unit or facility. If an owner or operator
				provides a single financial assurance mechanism, it shall demonstrate the
				financial ability to fulfill the aggregate reclamation costs of the mining
				units or facilities covered by the single financial assurance
				mechanism.
B. If an additional unit
				or facility is to be covered under a single financial assurance mechanism
				previously provided to the State Mine Inspector, the owner or operator shall
				provide an updated financial assurance mechanism which demonstrates the
				financial ability to fulfill the aggregate reclamation costs of the mining
				units or facilities covered by the single financial assurance
				mechanism.
C. A single financial
				assurance mechanism covering 2 or more exploration operations may be provided
				by the owner or operator pursuant to A.R.S. §
									27-993.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-804 - Surety Bonds

Current through Register Vol. 30, No. 28, July 12, 2024
An owner or operator may provide the State Mine Inspector
				  with a surety bond as financial assurance for reclamation. The surety bond
				  shall be an indemnity agreement in a sum certain payable to the state of
				  Arizona, executed by the owner or operator as principal and shall be supported
				  by the performance guarantee of a corporation licensed to do business as a
				  surety in the state of Arizona.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-805 - Certificates of Deposit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				owner or operator may provide the State Mine Inspector with a certificate of
				deposit which shows funds are available for reclamation of surface
				disturbances. The certificate of deposit shall name the state of Arizona as
				beneficiary. The financial institution issuing the certificate of deposit shall
				be a Federal Deposit Insurance Corporation-insured entity whose operations are
				regulated by a federal or state agency.
B. The owner or operator may redeem the
				certificate of deposit if alternative financial assurance that meets the
				requirements of the Act and this Chapter is substituted.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-806 - Trust Funds

Current through Register Vol. 30, No. 28, July 12, 2024
A. An owner or
				operator may satisfy the requirements of this Article by establishing a trust
				fund that meets the requirements of the Act and this Chapter. The trust fund
				shall name the state of Arizona as the primary beneficiary. The trustee shall
				be an entity which has the authority to act as trustee and whose trust
				operations are regulated and examined by a federal or state agency.
B. An owner or operator may satisfy the
				requirements of the trust fund by establishing a trust fund with a pay-in
				period that meets the requirements of the Act and this Chapter and by
				submitting an original signed duplicate of the trust agreement to the State
				Mine Inspector.
C. A copy of the
				trust agreement shall be placed in the facility's operating record.
D. The trust fund shall be initially funded
				in an amount at least equal to the costs estimated in the approved reclamation
				plan for reclamation of existing surface disturbances covered by the Act and
				any surface disturbances to occur in the 1st year of the trust fund.
E. Payments into the trust fund, other than
				the initial funding, shall be made annually, at a minimum, with subsequent
				payments made not later than 30 days after each annual anniversary of the date
				of the 1st payment by the owner or operator. Annual payments shall be in an
				amount adequate to pay all costs of reclamation for land to be disturbed in
				that annual period.
F. If the
				property owner or operator establishes a trust fund after having used 1 or more
				alternate mechanisms specified in this Article, the initial payment into the
				trust fund shall be at least the amount that the fund would contain if the
				trust fund were established initially and annual payments made according to the
				specifications of this Section.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-807 - Letters of Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An owner or
				operator may satisfy the requirements of this Article by obtaining an
				irrevocable stand-by letter of credit. The letter of credit shall be effective
				to receive financial assurance approval. The issuing institution shall be an
				entity which has the authority to issue letters of credit, is federally
				insured, and whose letter-of-credit operations are regulated and examined by a
				federal or state agency.
B. The
				letter of credit shall be irrevocable and issued for a period set to exceed 1
				year by at least 90 days and in an amount at least equal to the costs estimated
				in the approved reclamation plan for reclamation. The letter of credit shall
				provide that the expiration date will automatically renew as approved by the
				State Mine Inspector for a period of at least 1 year, unless the issuing
				institution has canceled the letter of credit by sending notice of cancellation
				by certified mail to the owner or operator and to the State Mine Inspector 120
				days in advance of cancellation. If the letter of credit is canceled by the
				issuing institution, the owner or operator shall obtain alternate financial
				assurance that meets the requirements of the Act and this Chapter within 120
				days after the notice of cancellation.
C. The letter of credit shall indicate the
				conditions on which the state of Arizona may draw on the letter of
				credit.
D. The property owner or
				operator may, with notification to the State Mine Inspector, cancel the letter
				of credit if alternate financial assurance that meets the requirements of the
				Act and this Chapter is substituted or if the owner or operator is released
				from the requirements of this Article under A.R.S. § 27-996,
				R11-2-817,
				or R11-2-822.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-808 - Insurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. An owner or
				operator may show financial assurance for reclamation by obtaining insurance
				that meets the requirements of this Section. At a minimum, the insurer shall be
				a non-captive insurance company licensed to transact the business of insurance
				by the Department of Insurance, or eligible to provide insurance as an excess
				or surplus lines insurer in the state of Arizona.
B. The reclamation insurance policy shall
				guarantee funds will be available to reclaim all disturbed lands and be
				available when the operation fails to comply with the approved reclamation
				plan. The policy shall also guarantee that, once reclamation begins, the
				insurer will be responsible for payment up to an amount equal to the face
				amount of the policy, under the direction of the State Mine Inspector to the
				party specified by the State Mine Inspector.
C. A policyholder may, with notification to
				the State Mine Inspector, receive partial payment for reclaimed areas. The
				insurance policy shall provide that requests for payment will be granted by the
				insurer only if the remaining value of the policy is adequate to cover the
				remaining costs of reclamation. The policyholder shall notify the State Mine
				Inspector that payment has been received.
D. The insurance policy shall provide that
				the insurer may not cancel, terminate, or fail to renew the policy except for
				the failure to pay the premium. The automatic renewal of the policy shall, at a
				minimum, provide the insured with the option of renewal at the face amount of
				the expiring policy. The insurance policy shall provide that if there is a
				failure to pay the premium, the insurer may elect to cancel, terminate, or fail
				to renew the policy by sending notice by certified mail to the policyholder and
				to the State Mine Inspector 120 days in advance of the action. Cancellation,
				termination, or failure to renew may not occur and the policy will remain in
				full force and effect if, before the date of expiration, the premium due is
				paid.
E. The insured may cancel the
				insurance policy, with notification to the State Mine Inspector, if alternate
				financial assurance that meets the requirements of the Act and this Chapter is
				substituted.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-809 - Certificates of Self-insurance

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				An owner or operator may use self insurance in combination with a guarantee
				only if, to meet the requirement of the financial test under this Article, the
				financial statements of the owner or operator are not consolidated with the
				financial statements of the guarantor.
B. An owner or operator, and/or guarantor,
				may satisfy the requirements of this Article upon successful completion of the
				financial test specified in this Section. Successful completion is determined
				by meeting the criteria of subsection (C) or (D) based on year-end financial
				statements for the latest completed fiscal year.
C. The criteria of this subsection for
				successful completion of the financial test are:
1. The owner or operator, and/or guarantor,
				shall have a tangible net worth of at least 10 times the costs estimated in the
				approved reclamation plan for reclamation.
2. The owner or operator, and/or guarantor,
				shall have a tangible net worth of at least $10 million.
3. The owner or operator, and/or guarantor,
				shall submit to the State Mine Inspector a letter signed by the chief financial
				officer showing compliance with this Section.
4. The owner or operator, and/or guarantor,
				shall either:
a. File financial statements
				annually with the U.S. Securities and Exchange Commission; or
b. Report annually the firm's tangible net
				worth to Dun and Bradstreet, and Dun and Bradstreet shall have assigned the
				firm a financial-strength rating of 4A or 5A.
5. The firm's year-end financial statements,
				if independently audited, cannot include an adverse auditor's opinion, a
				disclaimer of opinion, or a "going concern" qualification.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-810 - Cash Deposits

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				owner or operator may use a receipt of deposit with the State Treasurer for the
				estimated costs of reclamation. The receipt of deposit shall show funds are
				available for reclamation costs. The owner or operator shall complete a
				treasurer's financial warranty deposit under the State Mine Inspector's
				instructions. The deposit shall be in the name of the state of
				Arizona.
B. The owner or operator
				may cancel the deposit with the State Treasurer, with notification to the State
				Mine Inspector, if alternate financial assurance that meets the requirements of
				the Act and this Chapter is substituted.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-811 - Corporate Financial Tests

Current through Register Vol. 30, No. 28, July 12, 2024
An owner or operator may satisfy the requirements of this
				  Section upon successful completion of a financial test specified in subsection
				  (A) or (B). Successful completion is determined by meeting the criteria of
				  subsection (C):
A. The owner or
				operator shall have:
1. 2 of the following 3
				ratios: a ratio of total liabilities to net worth of less than 2.0; a ratio of
				the sum of net income plus depreciation, depletion, and amortization to total
				liabilities greater than 0.1; or a ratio of current assets to current
				liabilities greater than 1.5;
2.
				Net working capital and tangible net worth each at least 6 times the costs
				estimated in the approved reclamation plan for reclamation;
3. Tangible net worth of at least $10
				million; and
4. Assets located in
				the United States amounting to at least 90% of total assets or at least 6 times
				the costs estimated in the approved reclamation plan for reclamation.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-812 - Annuities

Current through Register Vol. 30, No. 28, July 12, 2024
A. An owner or
				operator may provide the State Mine Inspector an annuity as financial assurance
				for reclamation. The annuity shall name the state of Arizona as the
				beneficiary. The financial institution, if any, shall be licensed to do
				business in the state of Arizona. Any incremental or annual payment shall be in
				an amount adequate to pay all costs of reclamation for land disturbed in that
				incremental or annual period.
B.
				The owner or operator may cancel the annuity only if alternate financial
				assurance that meets the requirements of the Act and this Chapter is
				provided.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-813 - Final Action on Financial Assurance Mechanisms

Current through Register Vol. 30, No. 28, July 12, 2024
The State Mine Inspector shall take final action on the
				  financial assurance mechanism within 30 days after its
				  receipt.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-814 - Incremental Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
If financial assurance is provided on an incremental basis as
				  permitted under A.R.S. §
									27-995,
				  the amount shall be equal to or greater than the estimated cost of reclamation
				  for surface disturbances created during that increment.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-815 - Financial Assurance Funding

Current through Register Vol. 30, No. 28, July 12, 2024
Except where limited by statute or this Article, financial
				  assurance provided by the owner or operator may be funded by the owner, the
				  operator, by any 3rd party, or by any combination of persons or
				  entities.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-816 - Limited Individual Financial Assurance for Single Unit

Current through Register Vol. 30, No. 28, July 12, 2024
Whenever 2 or more persons or entities are named as owners or
				  operators in a single exploration operation or mining unit, the owners or
				  operators may limit the scope of their individual financial assurances so long
				  as their financial assurances, in total, assure performance of all conditions
				  and requirements of the Act, this Chapter, and the approved reclamation
				  plan.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-817 - Application for Release of Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. The financial assurance shall not be
				released until all conditions and requirements of the Act and this Chapter have
				been satisfied.
B. Within 60 days
				after receiving a request for release of a financial assurance, the State Mine
				Inspector, or a designated agent, shall inspect the exploration operation or
				mining unit to determine whether the owner or operator has fulfilled the
				requirements of the approved reclamation plan and either:
1. Approve the release of the financial
				assurance or portion thereof; or
2.
				Notify the owner and operator in writing that the financial assurance or
				portion thereof will not be released, the reasons why, and the measures
				necessary to satisfy the requirements of the approved reclamation
				plan.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-818 - Forfeiture Criteria/forfeiture of Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
A. A financial assurance mechanism filed with
				the State Mine Inspector or state agency is subject to forfeiture if any of the
				following exist:
1. An exploration operation
				or mining unit has been completed, abandoned, or temporarily closed for a
				period greater than allowed by the Act or this Chapter without initiating
				reclamation;
2. An exploration
				operation or mining unit has been completed, abandoned, or temporarily closed
				for a period greater than allowed by the Act or this Chapter and the owner or
				operator stops or suspends any ongoing reclamation as determined by the State
				Mine Inspector;
3. The operator
				stops conducting business in the state of Arizona and does not transfer the
				approved reclamation plan and financial assurance to a new operator under
				A.R.S. §
										27-928.
4. The operator stops conducting business due
				to insolvency, bankruptcy, receivership, or misconduct, under A.R.S. §
										27-905;
5. The operator fails to comply with the
				conditions of the financial assurance mechanism; or
6. The owner or operator fails to reclaim the
				surface disturbances under the approved reclamation plan, the Act, or this
				Chapter.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-819 - Notification of Forfeiture Action

Current through Register Vol. 30, No. 28, July 12, 2024
At least 30 days before exercising forfeiture, the State Mine
				  Inspector shall notify both the owner and operator and all principals and
				  sureties by certified mail (return receipt requested), express mail (with a
				  receipt), and hand delivery the financial assurance is subject to forfeiture
				  and advise the owner and operator of the right to a hearing under A.R.S. Title
				  41, Chapter 6.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-820 - Avoidance of Forfeiture

Current through Register Vol. 30, No. 28, July 12, 2024
The State Mine Inspector shall advise both the owner and
				  operator and all principals and sureties subject to
				  R11-2-818
				  of the conditions under which forfeiture may be avoided. The conditions may
				  include:
1. An agreement by the owner
				and operator or another party to perform reclamation operations under a
				compliance schedule, determined by the State Mine Inspector, which meets the
				conditions of the Act, this Chapter, and the approved reclamation
				plan.
2. A surety bond to complete
				the reclamation or a portion of the reclamation applicable to the financial
				assurance increment if the surety can show an ability to complete the
				reclamation under the Act, this Chapter, and the approved reclamation
				plan.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-821 - Notice of Exercise of Forfeiture

Current through Register Vol. 30, No. 28, July 12, 2024
The State Mine Inspector shall provide written notice by
				  certified mail (return receipt requested) of any exercise of forfeiture of
				  financial assurance to both the owner and operator and all principals and
				  sureties.
Arizona Administrative Code › Title 11 - MINES › Chapter 2 - STATE MINE INSPECTOR - MINED LAND RECLAMATION › Article 8 - FINANCIAL ASSURANCE › Section R11-2-822 - Full Release of Financial Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
The full release of financial assurance pursuant to A.R.S.
				  §
									27-996(B),
				  or as otherwise provided by the Act and this Chapter, shall be evidence the
				  owner or operator has reclaimed as required by the Act, this Chapter, and the
				  approved reclamation plan.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 1 - DEFINITIONS › Section R11-3-102 - Licensing Time Frames

Current through Register Vol. 30, No. 28, July 12, 2024
As required under A.R.S. §
									27-1236,
				  the Inspector shall make all approvals or denials in accordance with applicable
				  licensing time frames and procedures.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 1 - DEFINITIONS › Section R11-3-103 - Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
As authorized under A.R.S. §
									27-1235 and
				  provided under A.R.S. Title 41, Chapter 6, Article 10, a person may appeal an
				  action of the Inspector taken under the Act and this Chapter.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-201 - Document Submittals

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				responsible party shall submit to the Inspector any document required under the
				Act or this Chapter by certified mail with a receipt or hand
				delivery.
B. If the document
				submitted under subsection (A) is a reclamation plan, the responsible party
				shall ensure an original plus three copies, including any attachments to the
				plan or amendments, are submitted to the Inspector.
C. For all documents submitted under
				subsection (A), the responsible party shall:
1. Sign and date the documents or ensure the
				documents are signed and dated by an individual with legal authority from the
				owner or operator; and
2. Include
				the names and addresses of the owner and operator.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-202 - Preservation of Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				responsible party shall retain:
1. A copy of
				the current approved reclamation plan,
2. All reclamation plans for areas for which
				reclamation is complete, and
3. The
				most recent annual status report required under R11-3-504.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-203 - Extension of Time for Submittal of Reclamation Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. As provided under A.R.S. §
									27-1222,
				the responsible party may petition the Inspector for extensions of time in
				which to submit a reclamation plan for an existing exploration operation or an
				existing aggregate mining unit.
B.
				The Inspector shall not grant an extension of more than 90 days.
C. For each extension petition after the
				first, the responsible party shall ensure the revised petition identifies any
				changes in relevant factors that warrant an additional extension.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-204 - Supersedure by Federal Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. As
				authorized under A.R.S. §
									27-1232,
				the responsible party of an exploration operation or aggregate mining unit
				located in whole or part on federally administered land may submit notice to
				the Inspector of the existence of an approved federal reclamation plan and
				financial assurance mechanism. The responsible party shall attach to the notice
				a copy of the approved federal reclamation plan and financial assurance
				mechanism.
B. Within 30 days after
				receiving the notice referenced in subsection (A), the Inspector shall
				determine whether the approved federal reclamation plan and financial assurance
				mechanism are consistent with and supersede the requirements of the Act and
				this Chapter. If the Inspector determines the approved federal reclamation plan
				and financial assurance mechanism;
1. Are
				consistent with the requirements of the Act and this Chapter, the Inspector
				shall provide written notice of the determination to the responsible
				party.
2. Are not consistent with
				the requirements of the Act and this Chapter, the Inspector shall provide
				written notice of the determination to the responsible party and explain the
				basis for the determination.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-205 - Extension of Time to Initiate Reclamation

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the owner or operator of an exploration
				operation or aggregate mining unit believes the conditions specified in A.R.S.
				§
									27-1226(B)
				 are met, the responsible party for the
				exploration operation or aggregate mining unit may submit a request for an
				extension of time to begin reclamation. The responsible party shall submit the
				request of an extension of time at least 45 days before the times specified in
				A.R.S. §
									27-1226(A).
B. Within 30 days after receiving a request
				under subsection (A), the Inspector shall approve or disapprove the request and
				send written notice of the decision to the responsible party. If the Inspector
				fails to act on the request within 30 days after receiving the request, the
				request shall be deemed approved.
C. If the Inspector disapproves a request
				submitted under subsection (A), the Inspector shall include an explanation of
				reasons for the disapproval in the written notice sent under subsection
				(B).
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-206 - Variance

Current through Register Vol. 30, No. 28, July 12, 2024
A. In addition to
				information required under the Act or this Chapter, a request for variance
				submitted under A.R.S. §
									27-1237
				shall include:
1. Identification by owner or
				operator and mine name, if any, of the exploration operation or mining unit for
				which the variance is sought;
2.
				Descriptive location of the property on which the exploration operation or
				mining unit is located;
3.
				Identification of the statutory or regulatory provision or requirement or
				condition of the approved reclamation plan from which the variance is
				sought;
4. Justification for the
				variance; and
5. Alternative
				methods or measures to be used.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-207 - Notice of Proposed Substantial Change to Approved Reclamation Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. As required
				under A.R.S. §
									27-1227(B),
				a responsible party that intends to make a change to an approved reclamation
				plan shall file notice of the proposed change with the Inspector and indicate
				the purpose and scope of the proposed change and whether the proposed change is
				believed to be substantial.
B. If
				the Inspector determines within 15 days after receipt of the notice that the
				proposed change is substantial, the responsible party shall submit an amendment
				for approval.
C. After submittal of
				the amendment and the fee specified under R11-3-210, the Inspector shall
				provide written notice to the responsible party approving or disapproving the
				proposed substantial change within 90 days. If the Inspector disapproves the
				proposed substantial change, the written notice shall include an explanation of
				reasons for the disapproval.
D.
				Before implementing an approved substantial change, the responsible party shall
				submit any required modifications to the financial assurance to account for the
				substantial change.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-208 - Temporary Suspension, Permanent Termination, or Abandonment of Aggregate Mining Activity

Current through Register Vol. 30, No. 28, July 12, 2024
If no mining activity takes place at an aggregate mining
				  facility for 180 consecutive days, the responsible party of the aggregate
				  mining facility shall provide to the Inspector the notice required under A.R.S.
				  §
									27-303.
				  The responsible party shall provide the notice using a form acceptable to the
				  Inspector.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-209 - Cessation of Aggregate Mining Activity

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Inspector shall consider the cessation
				of aggregate mining activity to have occurred if:
1. No aggregate mining activity has occurred
				during the last 12 months and no mining entity has notified the Inspector of an
				agreement under A.R.S. §
										27-1228
				to transfer an approved reclamation plan;
2. The person conducting the aggregate mining
				activity has gone out of business and the Inspector has received no notice from
				a succeeding legal entity;
3. An
				extension of time to initiate reclamation provided under R11-3-205 has expired
				and no other extension has been requested; or
4. The annual status report required under
				R11-3-504 is at least 180 days overdue.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-210 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
As specifically authorized under A.R.S. §
									27-1233,
				  the Inspector establishes and shall collect the following fees:
1. Reclamation plan for an exploration
				operation: $1,565;
2. Substantial
				change to an approved exploration operation reclamation plan: $1,565 for up to
				20 acres of disturbances, including testing plots or roadway disturbances, plus
				$20/acre when the change is greater than 10 percent or 20 acres, whichever is
				less;
3. Reclamation plan for
				aggregate mining unit or facility: $3,800 for up to 160 acres of disturbance
				plus $20/acre of additional disturbance; and
4. Substantial change to an approved
				aggregate mining unit or facility reclamation plan: $1,565 plus $20/acre when
				the change is greater than 10 percent or 20 acres, whichever is less.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-211 - Public Notices and Meetings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Inspector shall ensure notices required under A.R.S. §
									27-1229
				include:
1. Mailing address of the
				Inspector;
2. Date and time of the
				deadline for submitting written comments regarding the proposed reclamation
				plan or substantial change to an approved reclamation plan;
3. Date, time, and location of a public
				meeting regarding the proposed reclamation plan or substantial change to an
				approved reclamation plan;
4. Brief
				description of the proposed reclamation plan or substantial change;
				and
5. Designation of where the
				proposed reclamation plan or substantial change may be accessed.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 2 - GENERAL REGULATORY PROVISIONS › Section R11-3-212 - Public Disclosure

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				records, reports, or information obtained or prepared by the Inspector under
				the Act or this Chapter must be available to the public as specifically
				authorized under A.R.S. §
									27-1231.
B. Under A.R.S. §
									39-121.01,
				a person may request to review or copy any public record of which the Inspector
				is custodian.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 3 - EXPLORATION OPERATION RECLAMATION PLAN › Section R11-3-301 - Exploration Operation Reclamation Plan Content

Current through Register Vol. 30, No. 28, July 12, 2024
A. The responsible party of an exploration
				operation shall submit to the Inspector a reclamation plan before the
				exploration operation disturbs more than five contiguous acres. The reclamation
				plan shall include the following:
1.
				Information specified under A.R.S. §
										27-1251(A);
2. Information to meet the criteria for
				approval specified in A.R.S. §
										27-1253, as
				applicable;
3. A figure or exhibit
				of the layout of the exploration operation showing the location, nature, and
				acreage of each disturbance. The sketch does not need to include specific
				survey coordinates identifying exact topographic features or geographic
				locations; and
4. Name and address
				of the responsible party.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 3 - EXPLORATION OPERATION RECLAMATION PLAN › Section R11-3-302 - Modification of Exploration Operation Reclamation Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. As required under A.R.S. § 27 1255,
				the responsible party may modify an exploration reclamation plan to:
1. Address types of surface disturbances that
				will be conducted during exploration operations but have not been previously
				addressed in the reclamation plan, or
2. Submit additional financial assurance, if
				any.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 4 - EXPLORATION OPERATION RECLAMATION STANDARDS › Section R11-3-401 - Restricted Access

Current through Register Vol. 30, No. 28, July 12, 2024
As required under A.R.S. §
									27-1253, if an
				  open pit or trench will remain at a place frequented by the public, the
				  responsible party for an exploration operation reclamation plan shall ensure
				  measures are taken to restrict access to the open pit or trench. These measures
				  may include fencing and posting visible warning signs.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 4 - EXPLORATION OPERATION RECLAMATION STANDARDS › Section R11-3-402 - Trash Removal

Current through Register Vol. 30, No. 28, July 12, 2024
The responsible party shall ensure that trash and other
				  materials and structures incidental to exploration that pose a threat to public
				  safety, create a public nuisance, or are inconsistent with an approved
				  reclamation plan are removed promptly.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 5 - AGGREGATE MINING UNIT RECLAMATION PLAN › Section R11-3-501 - Aggregate Mining Unit Reclamation Plan Content

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before beginning any mining activity, the
				responsible party of an aggregate mining facility shall submit to the Inspector
				a reclamation plan. The reclamation plan shall include the information
				specified in A.R.S. §
									27-1271,
				unless excluded under A.R.S. §
									27-1275,
				including elements in Articles 6 and 7, if applicable. The reclamation plan may
				include the following:
1. Maps of the
				existing or proposed surface disturbances for all aggregate mining units of the
				aggregate mining facility indicating the following, as applicable:
a. Boundaries of each aggregate mining unit
				including any offsets and setbacks;
b. Boundaries of the aggregate mining
				facility on which the aggregate mining unit is located;
c. Existing and proposed post-aggregate
				mining sites;
d. Post-reclamation
				physical topography including all surface elevations and approximate
				under-water surface configurations or elevations;
e. Natural features including surface water
				and the elevation of any pond or lake;
f. Surface disturbances including pits,
				excavations, walls, worksite pads, parking lots, storage areas, water dikes or
				ditches, temporary or permanent structures, temporary trailers or pads, and
				equipment;
g. Aggregate mine
				development rock piles, soil or growth media storage piles, overburden
				stockpiles, and other piles of unconsolidated materials;
h. Settling ponds and waste materials or
				fines materials;
i. Roads, building
				or foundations and pads, other structures, stationary equipment, fences,
				including security fences and gates, and berms;
j. Other features that will be abated or
				removed including water wells, power lines, utilities, and buildings not
				required in the post-aggregate mining land use; and
k. Final post-aggregate mining land use
				objectives for each portion of surface disturbance in each aggregate mining
				unit. Multiple post-aggregate mining land uses may be listed for an aggregate
				mining unit but each use is required to meet the requirement of the Act and
				this Chapter;
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 5 - AGGREGATE MINING UNIT RECLAMATION PLAN › Section R11-3-502 - Estimating the Cost of Reclamation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				When submitting estimated costs to perform a proposed reclamation, as required
				under A.R.S. §§
									27-1271(B)(11)
				 and
				27-1292,
				the responsible party shall ensure the estimate equals the amount necessary for
				a third party to perform each proposed reclamation measure listed in the
				proposed reclamation plan. The responsible party shall ensure the estimate
				includes:
1. Itemized calculation of
				estimated cost to perform all reclamation measures for each category of mining
				activity;
2. Documentation
				demonstrating how the estimated cost for each category of mining activity,
				including subtotals and totals, was calculated; and
3. Identification of the source of
				information used to estimate each cost.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 5 - AGGREGATE MINING UNIT RECLAMATION PLAN › Section R11-3-503 - Multiple Post-aggregate Mining Land Uses

Current through Register Vol. 30, No. 28, July 12, 2024
A reclamation plan may list multiple post-aggregate mining
				  land uses for an aggregate mining unit if the reclamation plan shows the
				  post-aggregate mining land use for each area and each use satisfies the
				  requirements of the Act and this Chapter.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 5 - AGGREGATE MINING UNIT RECLAMATION PLAN › Section R11-3-504 - Annual Status Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. As required
				under A.R.S. §
									27-1277, the
				responsible party shall submit an annual status report to the Inspector using a
				form prescribed by the Inspector.
B. The responsible party shall submit the
				annual status report within 60 days after the anniversary date of the approval
				of the reclamation plan
C. The
				responsible party shall submit a separate annual status report for each
				approved reclamation plan.
D. The
				responsible party shall include in the annual status report the information
				listed under A.R.S. §
									27-1277(B)
				 for the year preceding the anniversary date
				of the approval of the reclamation plan and address:
1. Whether the aggregate mining operation is
				currently active, inactive, or in maintenance status;
2. Changes to the mining site such as phases,
				borders, and offsets or setbacks;
3. Changes to security measures such as
				fences, gates, berms, or dikes;
4.
				Changes to costs for reclaming the area of disturbance;
5. Financial assurance mechanism currently in
				effect and whether there has been a change in the financial assurance mechanism
				during the reporting year; and
6. A
				map, aerial photograph, or both identifying changes made during the reporting
				year. This includes:
a. Location of changes
				to the boundaries of the area of disturbance including areas not identified in
				the original approved reclamation plan;
b. Location of changes to the reclaimed
				area;
c. Any new features such as
				berms, gates, dikes, or fences; and
d. Any movement of process areas, roads, and
				stockpile areas.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 5 - AGGREGATE MINING UNIT RECLAMATION PLAN › Section R11-3-505 - Life of an Approved Reclamation Plan

Current through Register Vol. 30, No. 28, July 12, 2024
An approved reclamation plan and any approved substantial
				  changes to the approved reclamation plan remain in effect until the reclamation
				  is complete and all financial assurance is released.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 6 - AGGREGATE MINING UNIT RECLAMATION STANDARDS › Section R11-3-601 - Public Safety Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				responsible party shall ensure reclamation activities at a mining unit are
				designed to reduce hazards to public safety to the extent technically and
				economically practicable by measures including:
1. Removing scrap metal, wood, trash, and
				other debris that pose a threat to public safety, create a public nuisance, or
				are inconsistent with the approved reclamation plan; and
2. Re-grading slopes as prescribed under
				R11-3-602 and R11-3-705 for erosion control.
Arizona Administrative Code › Title 11 - MINES › Chapter 3 - STATE MINE INSPECTOR - AGGREGATE MINED LAND RECLAMATION › Article 6 - AGGREGATE MINING UNIT RECLAMATION STANDARDS › Section R11-3-602 - Erosion Control and Topographic Contouring

Current through Register Vol. 30, No. 28, July 12, 2024
A. The responsible party shall ensure an
				aggregate mining unit is reclaimed to a stable condition for erosion control
				and seismic activity.
B. The
				responsible party shall ensure grading and other topographic contouring are
				conducted, as necessary, to establish final land forms that are:
1. Suitable for the post-aggregate mining
				land use objective in the approved reclamation plan, and
2. Stable under static and dynamic conditions
				as certified by a qualified engineer considering the following:
a. Site-specific seismic
				conditions,
b. Safety factors
				consistent with good engineering practices, and
c. The hazard to public safety if failure
				occurs.