reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Permits and Fees › Section 519A.215 - Transfer of permit to new operator

Current through June 11, 2024
1. The Division
				shall transfer a permit to a new operator if the new operator submits to the
				Division:
(a) A written request to transfer
				the permit, which must include, with respect to the parent corporation,
				subsidiary corporation or other company receiving the permit as a result of the
				transfer:
(1) A statement that the corporation
				or company agrees to assume responsibility for the reclamation of any affected
				land which is the subject of the existing permit;
(2) A statement explaining the corporate
				structure of the corporation or company;
(3) A copy of the state business license of
				the corporation or company; and
(4)
				A copy of the certificate of registration of the corporation or company which
				is filed with the Secretary of State;
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Permits and Fees › Section 519A.220 - Suspension or revocation of permit

Current through June 11, 2024
If the Division suspends or revokes a permit for
				  noncompliance with the provisions of:
1. NAC 519A.010 to 519A.415,
				inclusive;
2. Chapter 519A of NRS;
				or
3. An approved plan for
				reclamation,
the revocation or suspension is effective not later than 30
				  days after the operator is sent written notice by the Division setting forth
				  the facts or conduct warranting the revocation or suspension.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS 519A.150,
					 519A.160
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Permits and Fees › Section 519A.225 - Fees for application for permit

Current through June 11, 2024
1. An applicant for
				a permit for an exploration project shall submit to the Division an application
				fee of:
(a) Three dollars and ten cents for
				each proposed acre of affected and unreclaimed public land included in the plan
				for reclamation; and
(b) fifteen
				cents for each proposed acre of affected and unreclaimed privately owned land
				included in the plan for reclamation.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Permits and Fees › Section 519A.227 - Fee for modification to permit

Current through June 11, 2024
1. The fee for a
				minor modification to a permit for an exploration project or a permit for a
				mining operation is $500 plus $20 per acre or part of an acre, not to exceed
				one-half the annual fee assessed pursuant to NAC 519A.230 and
				519A.235.
2. The fee for a major
				modification to a permit for an exploration project or a permit for a mining
				operation is equal to the amount of the applicable annual fee assessed pursuant
				to NAC 519A.230 and 519A.235.
3.
				For a modification that does not constitute a major modification or a minor
				modification and involves a disturbance of 10 acres or less, a transfer of the
				permit or a change to the schedule for completion of reclamation, the fee is
				the lesser of $250 or one-half the annual fee assessed pursuant to NAC 519A.230
				and 519A.235.
4. Fees paid pursuant
				to this section are nonrefundable.
Added to NAC by
				  Environmental Comm'n by R020-02, eff. 4-5-2002; A by R097-05,
				  10-31-2005
NRS
					 519A.160
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Permits and Fees › Section 519A.230 - Submission of fee if permit not issued

Current through June 11, 2024
If a permit is not issued by April 15, 1991, the operator of
				  an exploration project or mining operation that is active on October 1, 1990,
				  shall submit to the Division the fee set forth in NAC 519A.235.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Permits and Fees › Section 519A.235 - Annual submission of fees for services by Division

Current through June 11, 2024
1. On or before April 15, 1991, and on or
				before April 15 of each year thereafter, an operator of an exploration project
				or a mining operation shall submit to the Division for services rendered by the
				Division the applicable fees required by this section.
2. For each exploration project which is
				active on October 1, 1990, and for which a permit has been issued by the
				Division or an application for a permit has been submitted to the Division, the
				operator shall submit to the Division:
(a) If
				the total affected area is 20 acres or less, a fee of $150.
(b) If the total affected area is more than
				20 acres but not more than 100 acres, a fee of $750.
(c) If the total affected area is more than
				100 acres but not more than 500 acres, a fee of $1,500.
(d) If the total affected area is more than
				500 acres, a fee of $3,000.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Permits and Fees › Section 519A.240 - Time for submission of fees for new exploration projects and mining operations

Current through June 11, 2024
For new exploration projects or new mining operations, the
				  fees set forth in NAC 519A.235, as applicable, must be submitted to the
				  Division by the operator on April 15 of each year following issuance of the
				  permit for the exploration project or mining operation.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.245 - Circumstances under which reclamation is required

Current through June 11, 2024
Reclamation of affected land which was disturbed:
1. On or after January 1, 1981, and before
				October 1, 1990, must be required as part of a permit if the land was disturbed
				by the current operator. The standards for reclamation required by the Bureau
				of Land Management, the United States Forest Service or another federal land
				management agency at the time the disturbance was created apply to federal and
				privately owned land.
2. Before
				January 1, 1981, is not required.
3. By someone other than the current operator
				must not be required, unless the current operator is using the affected land in
				an active project or operation.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.250 - Exemption of open pits and rock faces from requirements

Current through June 11, 2024
1. An operator may request in writing that
				the Division grant an exception to the requirements for reclamation for open
				pits and rock faces which may not be feasible to reclaim.
2. If the operator proves to the satisfaction
				of the Division that reclamation is not feasible, the Division shall exempt an
				open pit or rock face from the requirements for reclamation of NAC 519A.010 to
				519A.415, inclusive.
3. The
				Division shall base its determination of the feasibility of reclaiming open
				pits and rock faces on the technological and economic practicability of
				achieving a safe and stable condition suitable for a productive postmining land
				use. The Division shall consider, without limitation, the:
(a) Topography of the site;
(b) Geology and stability of the
				site;
(c) Time required to complete
				reclamation;
(d) Consumption of
				resources required to complete reclamation;
(e) Potential adverse environmental impacts
				to the quality of the air and water associated with the activities for
				reclamation; and
(f) Future access
				to mineral resources.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.255 - Reclamation not required beyond that approved by federal agency

Current through June 11, 2024
If an operator can establish to the satisfaction of the
				  Division that reclamation was approved by the Bureau of Land Management, the
				  United States Forest Service or another federal land management agency, further
				  reclamation is not required on affected land.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160,
					 519A.240
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.260 - Considerations in preparing plan for reclamation

Current through June 11, 2024
When preparing his or her plan for reclamation an applicant
				  must consider:
1. The pre-mining and
				postmining use of the land;
2. The
				technical and economic practicability of the proposed techniques for
				reclamation;
3. The effectiveness
				of the proposed activities for reclamation in ensuring public safety;
4. The annual precipitation of the area and
				its effect on revegetation and the potential for erosion;
5. The existing and proposed postmining
				topography in relation to the potential for erosion;
6. The potential for degradation of
				surface-water or groundwater quality resulting from the proposed activities for
				reclamation;
7. The visual impact
				of the reclamation;
8. Any other
				criteria which may affect the applicability of a particular activity for
				reclamation, including types of soil and the physical and chemical
				characteristic of the soil; and
9.
				Whether the disturbance was created before or after September 19,
				1990.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160,
					 519A.230
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.265 - Contents of plan for reclamation for exploration project

Current through June 11, 2024
A plan for reclamation for an exploration project must
				  include:
1. A topographic map or
				sketch in sufficient detail to allow the Division to locate the area to be
				explored and determine the potential for adverse effects on surface water which
				may result from the exploration activities.
2. A description of any land within the
				project area which was affected by:
(a) A
				project conducted by a previous operator and which is inactive on the date on
				which the application for a permit for an exploration project is
				filed;
(b) The current operator
				before January 1, 1981, and is inactive on the date on which the application
				for a permit for an exploration project is filed;
(c) The current operator before January 1,
				1981, and is active on the date on which the application for a permit for an
				exploration project is filed;
(d)
				The current operator on or after January 1, 1981, but before October 1, 1990,
				and which is inactive on the date on which the application for a permit for an
				exploration project is filed; and
(e) The current operator on or after January
				1, 1981, but before October 1, 1990, and which is active on the date on which
				the application for a permit for an exploration project is filed.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.270 - Contents of plan for reclamation for mining operation

Current through June 11, 2024
The plan for reclamation for a mining operation must
				  include:
1. A topographic map of the
				area of the operation depicting:
(a) The
				boundaries of the area of the operation;
(b) Surface ownership of the land within the
				area of the operation;
(c) The
				areas to be affected in sufficient detail so that they can be located from the
				ground;
(d) The, without
				limitation:
(1) Tailings
				impoundments;
(2) Heap leach
				pads;
(3) Waste rock storage and
				disposal facilities;
(4) Buildings
				and foundations;
(5) Roads,
				including, without limitation, access and haul roads; and
(6) All other surface facilities;
				and
(e) A description of
				the land within the area of operation which was affected by:
(1) An operation conducted by a previous
				operator and which is inactive on the date on which the application for a
				permit for an operation is filed;
(2) The current operator before January 1,
				1981, and which is inactive on the date on which the application for a permit
				for an operation is filed;
(3) The
				current operator before January 1, 1981, and which is active on the date on
				which the application for a permit for an operation is filed;
(4) The current operator on or after January
				1, 1981, but before October 1, 1990, and which is inactive on the date on which
				the application for a permit for an operation is filed; and
(5) The current operator on or after January
				1, 1981, but before October 1, 1990, and which is active on the date on which
				the application for a permit for an operation is filed.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.275 - Requirements for productive postmining use of land

Current through June 11, 2024
1. A
				productive postmining use of the land required to be submitted with a plan for
				reclamation need not provide a use of the land and degree of productivity which
				is identical with the use of the land before the mining began or the use of the
				adjacent land or the degree of use.
2. Land which is returned to its pre-mining
				use or reclaimed after mining or exploration to a level of productivity which
				is generally consistent with the pre-mining level of productivity or the level
				of productivity of the surrounding land shall be deemed to be a productive
				postmining use.
3. Land which is
				reclaimed to a degree of productivity which is less productive than its
				pre-mining use shall be deemed to be productive if the operator takes
				reasonable measures, including, but not limited to:
(a) Ensuring adequate fertilization of the
				soil;
(b) Ensuring the quantity and
				quality of the topsoil or growth medium; and
(c) Establishing a productive postmining use
				of the land within site-specific economic and technical constraints of the
				area.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.280 - Approval required of proposed postmining use of land

Current through June 11, 2024
Notwithstanding any other provisions of NAC 519A.010 to
				  519A.415, inclusive, a proposed postmining use of land must be approved
				  by:
1. If the land is subject to the
				jurisdiction of the Bureau of Land Management, the United States Forest Service
				or another federal land management agency, the federal land manager;
				or
2. If the land is privately
				owned and if required by law, a local governmental entity with the authority to
				approve the postmining use of private land within its jurisdiction.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90; A by R080-08, 12-17-2008; R044-12,
				  9-14-2012
NRS
					 519A.160
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.285 - Time for initiation of reclamation; extension of time; completion of reclamation

Current through June 11, 2024
1. If affected land
				cannot practicably be reclaimed concurrently with an exploration project or
				mining operation, reclamation must be initiated:
(a) Within 2 years after completion or
				abandonment of the exploration project or mining operation;
(b) Within 3 years after a temporary closure
				of an exploration project or mining operation; or
(c) As required by the Bureau of Land
				Management, the United States Forest Service or another federal land management
				agency.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.290 - Departure from approved plan for reclamation

Current through June 11, 2024
1. An
				operator may not depart from an approved plan for reclamation without a
				modification of the plan which is approved by the Division or other written
				approval from the Division except in the case of an emergency.
2. As used in this section, emergency means a
				situation in which compliance with a provision of an approved plan for
				reclamation may result in bodily injury or in environmental damage not
				anticipated in the plan.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160,
					 519A.230
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.295 - Procedure for operator to modify plan for reclamation

Current through June 11, 2024
1. An operator may
				request a modification to a plan for reclamation:
(a) By submitting to the Division a written
				request and those portions of the application for a permit which are applicable
				to the requested modification, including, without limitation, a revision to the
				calculated cost of executing the plan for reclamation and the amount of surety,
				if applicable; and
(b) For any
				reason, including, without limitation:
(1) A
				proposed change in the postmining land use;
(2) The addition of a new disturbance to the
				affected land; and
(3) Proposed
				changes to the methods and techniques which will be used for
				reclamation.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.300 - Modification by Division of plan for reclamation

Current through June 11, 2024
1. The
				Division, on its own motion, may modify an approved plan for reclamation if:
(a) A provision of the plan is in conflict
				with the provisions of a specific statute;
(b) It becomes impossible or impracticable to
				comply with any provision of the plan; or
(c) A significant problem is discovered to
				exist which results or may result from compliance with any provision of the
				plan.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.305 - Requirements for notice and public comment before modifying plan for reclamation

Current through June 11, 2024
1. The Division
				shall, at least 30 days before making a major modification to a plan for
				reclamation of a mining operation:
(a)
				Circulate a public notice of the intent to modify the plan in a manner intended
				to inform interested persons;
(b)
				Cause to be published in a newspaper of general circulation within the
				geographic area of an exploration project or mining operation, a notice of the
				intent to modify the plan; and
(c)
				Mail to the operator, the landowner, members of the board of county
				commissioners of the county in which the project or operation is located, the
				Division of Minerals of the Commission on Mineral Resources and any other
				person who so requests, written notice of the intent to modify the
				plan.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.310 - Approval of modification to approved plan for reclamation of public land

Current through June 11, 2024
A modification to an approved plan for reclamation of public
				  land which is managed by a federal land management agency must be:
1. Approved by the federal agency;
				and
2. Approved by the
				Division.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.315 - Manner for abandonment of site; selection of appropriate activities for reclamation of site

Current through June 11, 2024
1. The abandonment
				of a site must be conducted in a manner which ensures public safety, encourages
				techniques to minimize adverse visual effects and establishes a safe and stable
				condition suitable for the productive postmining use of the land.
2. In selecting appropriate activities for
				reclamation for a particular site, techniques which minimize adverse visual
				impact must be considered.
3. As
				used in this section, "ensures public safety" includes minimizing hazards in
				areas to which the public may have legal access by, if applicable:
(a) The lawful disposition or disposal of
				recyclables, reusable materials and solid and hazardous waste;
(b) Sealing or securing shafts, tunnels and
				adits pursuant to NAC 513.390;
(c)
				Plugging drill holes;
(d) Leaving
				slopes in a structurally stable condition; and
(e) Restricting access to areas which cannot
				practicably be made safe.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.320 - Notification by operator of completion, abandonment or suspension of work on exploration project or mining operation

Current through June 11, 2024
1. An operator
				shall notify the Division in writing within 90 days after an exploration
				project or mining operation is completed or abandoned. The notice must state
				the date on which the activities for reclamation included in the approved plan
				for reclamation will begin.
2.
				Except as otherwise provided in subsection 3, the operator shall notify the
				Division in writing within 90 days after work is suspended on an exploration
				project or mining operation for more than 120 days. The notice must state:
(a) The nature and reason for the
				suspension;
(b) The anticipated
				duration of the suspension; and
(c)
				Any event which would reasonably be expected to result in either the resumption
				of activities or the abandonment of the project or operation.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.325 - Removal and stockpiling of topsoil; avoidance of depression in land

Current through June 11, 2024
1. If practicable and necessary for the
				establishment of the postmining use of the land, sufficient topsoil, if
				available, must be removed during the creation of a disturbance and stockpiled
				for use in future reclamation. The stockpile must be posted to identify the
				material, and stabilized as necessary to prevent excessive losses from erosion.
				If topsoil is unavailable, any growth medium to be used that requires removal
				and stockpiling must be managed in the same manner as topsoil.
2. The creation of a depression during
				reclamation which may form a pond must be avoided unless the pond is part of
				the postmining use of the land.
3.
				As used in this section, "stabilized" means the condition which results when an
				area which has been reclaimed no longer exhibits a potential to impact
				adversely public safety or the environment.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160,
					 519A.230
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.330 - Revegetation of land

Current through June 11, 2024
1. An operator
				shall:
(a) Select and establish species of
				plants that will result in vegetation productivity comparable to that growing
				on the affected lands before commencement of the exploration project or mining
				operation, which is required by the manager of the land or which is consistent
				with the postmining use of the land.
(b) Consult a person with experience in
				revegetation or test the land before the selection of plants.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.335 - Authority of Division to approve appropriate methods of reclamation

Current through June 11, 2024
The Division may approve any appropriate method of
				  reclamation for exploration projects and mining operations if the method is
				  consistent with the provisions of NAC 519A.010 to 519A.415, inclusive.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS 519A.140,
					 519A.160
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.340 - Authority of Division to request operator of exploration project to perform certain types of reclamation

Current through June 11, 2024
The Division may, if appropriate, request an operator of an
				  exploration project to reclaim:
1.
				Roads and drill pads by:
(a) Recontouring or
				regrading to round off, cut and fill slopes;
(b) Removing culverts;
(c) Ripping or scarifying the
				surface;
(d) Constructing water
				bars;
(e) Revegetation;
				and
(f) Restoring or stabilizing
				drainage areas and streambeds.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Reclamation of Land › Section 519A.345 - Authority of Division to require operator of mining operation to perform certain types of reclamation

Current through June 11, 2024
The Division may, if appropriate, require an operator of a
				  mining operation to reclaim:
1. Roads
				, including, without limitation, access roads and haul roads, and drill pads
				by:
(a) Recontouring or regrading to round
				off, cut and fill slopes to approximate the natural topography of the land
				before the land was affected, unless otherwise approved by the
				Division;
(b) Removing
				culverts;
(c) Ripping or scarifying
				the surface;
(d) Constructing water
				bars;
(e) Revegetation;
				and
(f) Restoring or stabilizing
				drainage areas or streambeds.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Provision of Surety › Section 519A.350 - General requirements

Current through June 11, 2024
1. An operator
				shall file a surety with the Division or a federal land management agency, as
				applicable, to ensure that reclamation will be completed on privately owned and
				federal land. The surety may be:
(a) A trust
				fund;
(b) A bond;
(c) An irrevocable letter of
				credit;
(d) Insurance;
(e) A corporate guarantee;
(f) A cash deposit; or
(g) Any combination thereof.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Provision of Surety › Section 519A.355 - Provision of statewide surety for exploration projects

Current through June 11, 2024
The applicant for a permit for an exploration project may
				  provide a statewide surety for all projects conducted within the State of
				  Nevada.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160,
					 519A.190
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Provision of Surety › Section 519A.360 - Amount of surety required

Current through June 11, 2024
1. The operator
				shall provide surety in an amount sufficient to ensure reclamation of:
(a) The entire area to be affected by his or
				her project or operation; or
(b) A
				portion of the area to be affected if, as a condition of the issuance of the
				permit, filing additional surety is required before the operator disturbs land
				not covered by the initial surety.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Provision of Surety › Section 519A.365 - Submission to Division of information regarding estimation of costs for reclamation

Current through June 11, 2024
The operator shall submit, on a form provided by the Division
				  or in a similar manner:
1.
				Documentation for his or her calculation of the cost of executing the plan for
				reclamation;
2. The source of his
				or her estimates of costs;
3. A
				list of specific activities which will be performed to reclaim the affected
				acres such as those in NAC 519A.360 for each type of disturbance; and
4. The total acreage of each disturbance
				requiring the same activity to be performed for reclamation.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160,
					 519A.190,
					 519A.210
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Provision of Surety › Section 519A.370 - Determination of whether estimate of cost for reclamation is sufficient

Current through June 11, 2024
1. The Division shall review the operator's
				estimate of the cost for reclamation and determine if the estimate is
				reasonably sufficient to conduct all required reclamation.
2. If the Division determines that the
				estimated cost of executing the plan for reclamation is insufficient to conduct
				all required reclamation, the application for a permit shall be considered to
				be incomplete.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160,
					 519A.190,
					 519A.210
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Provision of Surety › Section 519A.375 - Disturbances of land for which surety not required

Current through June 11, 2024
Surety will not be required for reclamation of land
				  disturbances which were created before October 1, 1990, and which are no longer
				  active as part of an active exploration project or mining operation on October
				  1, 1990.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160,
					 519A.190,
					 519A.210
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Provision of Surety › Section 519A.380 - Periodic review of amount of surety; notification required; adjustment of amount

Current through June 11, 2024
1. Within 3 years after the effective date of
				the permit and at least every 3 years thereafter, an operator shall review the
				amount of surety filed to cover the cost of reclamation to determine whether it
				is still adequate to execute the approved plan for reclamation taking inflation
				into consideration.
2. The operator
				shall:
(a) Notify the Division, the Bureau of
				Land Management, the United States Forest Service and another federal land
				management agency, if appropriate, of the results of the review of the surety;
				and
(b) Within 60 days after the
				approval of the review by the Division:
(1)
				Request a decrease in the surety; or
(2) Increase the surety, to execute the plan
				for reclamation.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Provision of Surety › Section 519A.385 - Release of surety: Request for release; conditions; denial of request

Current through June 11, 2024
1. The Division may release a surety either
				in whole or in part at the request of the operator.
2. The entire surety must not be released
				until all of the requirements of the permit have been fulfilled, except that:
(a) A portion of the surety covering a
				specific reclamation activity for a discrete type of disturbance on affected
				land may be released when the requirements of the permit regarding the affected
				land have been fulfilled.
(b)
				Except as otherwise provided in subsection 3, not more than 60 percent of the
				posted surety may be released upon completion of the earthwork. The remaining
				surety must not be released until all requirements of the permit have been
				satisfied.
(c) Upon transfer of a
				permit to a new operator and upon acceptance of the required surety from the
				new operator, the Division shall release the surety posted by the original
				operator.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Provision of Surety › Section 519A.390 - Forfeiture of surety: Grounds; notice and hearing

Current through June 11, 2024
1. A
				surety filed with the Division, the Bureau of Land Management, the United
				States Forest Service or another federal land management agency is subject to
				forfeiture if:
(a) An exploration project or
				mining operation has been completed, abandoned, or temporarily closed for a
				period greater than allowed pursuant to NAC 519A.285 without initiating
				activities for reclamation;
(b) The
				permit is suspended or revoked pursuant to NAC 519A.220; or
(c) The operator ceases to conduct business
				in the State of Nevada and does not transfer the permit to a new
				operator.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Trust Fund for Short-Term Fluid Management › Section 519A.392 - Payments for deposit into Fund; use and reimbursement of money in Fund

Current through June 11, 2024
1. In addition to the surety required
				pursuant to NAC 519A.350, on or before October 1, 2000, an operator of a mining
				operation that is required to hold a permit from the Department of Wildlife
				pursuant to NRS
				NRS
				502.390 shall submit to the Division:
(a) Thirty-six thousand dollars if the total
				amount of surety the operator is required to provide pursuant to NAC 519A.360
				is more than $35,000,000 as of the date the operator submits the
				money;
(b) Twenty-four thousand
				dollars if the total amount of surety the operator is required to provide
				pursuant to NAC 519A.360 is more than $7,000,000 but less than or equal to
				$35,000,000 as of the date the operator submits the money;
(c) Six thousand dollars if the total amount
				of surety the operator is required to provide pursuant to NAC 519A.360 is more
				than $1,000,000 but less than or equal to $7,000,000 as of the date the
				operator submits the money; or
(d)
				One thousand dollars if the total amount of surety the operator is required to
				provide pursuant to NAC 519A.360 is less than or equal to $1,000,000 as of the
				date the operator submits the money.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Enforcement › Section 519A.395 - Inspections by Division and federal agencies; submission of results to operator

Current through June 11, 2024
1. The Division may
				inspect an exploration project or mining operation to determine if it is in
				compliance with the terms and conditions of a permit and the status of
				activities for reclamation. Such an inspection must be conducted during normal
				business hours and the operator may be given adequate notice so that personnel
				familiar with the permit and its requirements may be present.
2. Pursuant to
				NRS 519A.140,
				the Division, the Bureau of Land Management, the United States Forest Service
				or another federal land management agency may inspect a permitted exploration
				project or mining operation which is located on federal land or on both federal
				and private land to determine compliance with the terms and conditions of a
				permit and the status of activities for reclamation. Inspection of activities
				for reclamation on private property must be conducted during normal business
				hours and the operator may be given adequate notice so that personnel familiar
				with the permit and its requirements may be present.
3. The results of the inspection must be
				forwarded to the operator within 30 days of completion after the report of the
				inspection.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Enforcement › Section 519A.400 - Notice of noncompliance: Service; contents; withdrawal

Current through June 11, 2024
1. If the Division has reason to believe that
				an operator has violated any provision of chapter 519A of NRS, NAC 519A.010 to
				519A.415, inclusive, or an approved plan for reclamation, it shall serve a
				notice of noncompliance on the operator. The notice must:
(a) Be served personally or by registered
				mail addressed to the operator at the address shown in the records of the
				Division;
(b) Specify each
				violation; and
(c) Set a date and
				time for a hearing and inform the operator that his or her permit may be
				suspended or revoked and his or her surety forfeited upon completion of the
				hearing or if the operator fails to attend the hearing.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Enforcement › Section 519A.405 - Maximum amount of civil penalty

Current through June 11, 2024
The civil penalty imposed by the Division pursuant to NRS
				  NRS
				  519A.280 must not exceed $5,000 per
				  violation.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90
NRS
					 519A.160,
					 519A.280
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Miscellaneous Provisions › Section 519A.410 - Submission to Division of information and documentation concerning small mining operations

Current through June 11, 2024
1. The operator of
				a small mining operation shall submit to the Division:
(a) A sketch or topographic map of the
				operation depicting:
(1) The boundaries of the
				project area;
(2) Surface ownership
				within the project area;
(3) Areas
				to be affected and the nature of the disturbances, including, without
				limitation, tailings impoundments, leach pads, waste rock storage and disposal
				facilities, buildings, roads and all other surface facilities;
(4) Areas within the project area which were
				previously affected by activities other than those of the operator or which
				will not be subject to additional or continuing disturbance because of his or
				her activities;
(5) The location of
				any body of surface water within one-half-mile down gradient from the operation
				which may be impacted by excess sedimentation resulting from the mining
				operations; and
(6) The location of
				access roads that were created before January 1, 1981.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › REGULATION OF MINING OPERATIONS AND EXPLORATION PROJECTS › Miscellaneous Provisions › Section 519A.415 - Appeals to Commission

Current through June 11, 2024
1. Any person
				aggrieved by:
(a) The issuance, denial,
				renewal, suspension, modification, condition or revocation of a permit;
				or
(b) The issuance, modification
				or rescission of any other order, by the State Department of Conservation and
				Natural Resources may appeal to the Commission.
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.510 - Definitions

Current through June 11, 2024
As used in NAC 519A.510 to
				  519A.635, inclusive, and
				  sections 2 and 3 of this regulation, unless the context otherwise requires, the
				  words and terms defined in NAC
				  519A.512 to
				  519A.555, inclusive, and section
				  2 of this regulation have the meanings ascribed to them in those
				  sections.
Added to NAC by Dep't
				  of Minerals, eff. 10-9-90; A 3-4-92; A by Comm'n on Mineral Resources by
				  R069-99, 8-19-99; R066-02, 8-23-2002; A by
				  R044-19A,
				  eff. 12/17/2019
NRS
				  513.063,
				  519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.512 - "Administrator" defined

Current through June 11, 2024
"Administrator" means the Administrator of the
				  Division.
(Added to NAC by Dep't
				  of Minerals, eff. 10-9-90)-(Substituted in revision for NAC 519A.530
				  )
NRS
					 519A.250,
					 519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.515 - "Bond pool" defined

Current through June 11, 2024
"Bond pool" means the program for the pooling of reclamation
				  performance bonds that collects, holds and distributes money paid to the pool
				  by its participants to assist those participants to comply with:
1. The bonding and surety requirements of
				chapter 519A of NRS;
2. The
				requirements for financial guarantees set forth in the regulations adopted
				pursuant to
				43 U.S.C. §
										1740; or
3. The bonding requirements imposed pursuant
				to an ordinance adopted by a county in this State.
Added to NAC by Dep't
				  of Minerals, eff. 10-9-90; A by Div. of Minerals,
				  11-14-97
NRS
					 519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.520 - "Commission" defined

Current through June 11, 2024
"Commission" means the Commission on Mineral
				  Resources.
Added to NAC by Dep't
				  of Minerals, eff. 10-9-90
NRS
					 519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.525 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Minerals of the Commission
				  on Mineral Resources.
Added to NAC by Dep't
				  of Minerals, eff. 10-9-90
NRS
					 519A.250,
					 519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.535 - "Exploration project" defined

Current through June 11, 2024
"Exploration project" means all activities conducted in this
				  State by a person on or beneath the surface of land for the purpose of, or in
				  connection with, determining the presence, location, extent, depth or grade of
				  any mineral, which affects the surface.
Added to NAC by Dep't
				  of Minerals, eff. 10-9-90; A 3-4-92
NRS
					 519A.250,
					 519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.540 - "Mining operation" defined

Current through June 11, 2024
"Mining operation" means all activities conducted in this
				  State by a person on or beneath the surface of land for the purpose of, or in
				  connection with, the development or extraction of any
				  mineral.
Added to NAC by Dep't
				  of Minerals, eff. 10-9-90; A 3-4-92; A by
				  R044-19A,
				  eff. 12/17/2019
NRS
				  513.063,
				  519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.543 - "Notice-level project" defined

Current through June 11, 2024
"Notice-level project" means an exploration project causing
				  or proposing to cause a surface disturbance of not more than 5 acres on public
				  lands.
Added to
				  NAC by Environmental Comm'n by
				  R044-19A,
				  eff. 12/17/2019
NRS
				  513.063,
				  519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.545 - "Operator" defined

Current through June 11, 2024
"Operator" means any person who owns, controls or manages an
				  exploration project or a mining operation.
Added to NAC by Dep't
				  of Minerals, eff. 10-9-90
NRS
					 519A.250,
					 519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.550 - "Participant" defined

Current through June 11, 2024
"Participant" means an operator who has paid money to the
				  bond pool to cover his or her bonded liability and who is in good standing in
				  the bond pool.
Added to NAC by Dep't
				  of Minerals, eff. 10-9-90
NRS
					 519A.290
Nevada Administrative Code › Chapter 519A - Reclamation of Land Subject to Mining Operations or Exploration Projects › DUTIES OF DIVISION OF MINERALS › General Provisions › Section 519A.552 - "Plan" defined

Current through June 11, 2024
"Plan" means a plan of operation filed with and approved by
				  the United States Bureau of Land Management or the United States Forest Service
				  or a plan for reclamation filed with and approved by the Division of
				  Environmental Protection of the State Department of Conservation and Natural
				  Resources.
Added to NAC by Comm'n
				  on Mineral Resources by R066-02, eff. 8-23-2002; A by
				  R044-19A,
				  eff. 12/17/2019
NRS
				  513.063,
				  519A.290