Title 27, Minerals, Oil and Gas

A. The following persons shall file a certificate of disclosure with the division of mined land reclamation as prescribed by this section: 1. A person who is engaged in an activity subject to regulation under this chapter and who has been convicted of a felony involving laws rela…

Beginning April 1, 1997, an owner or operator of a new exploration operation or new mining unit shall not create a surface disturbance of more than five contiguous acres until a reclamation plan and financial assurance mechanism for the exploration operation or mining unit are ap…

A. An owner or operator of an existing exploration operation or existing mining unit with surface disturbances of more than five contiguous acres shall submit a reclamation plan to the state mine inspector by April 1, 1997. B. An owner or operator may petition the inspector for a…

A. Nothing in this chapter shall prevent an owner or operator of an exploration operation or mining unit from creating a surface disturbance of five contiguous acres or less. B. From and after December 31, 1996, the state mine inspector may require either or both of the following…

A. At an inactive mining unit, the following are not subject to the requirements of this chapter: 1. Voluntary reclamation measures that are not required by federal or state law, regulation or permit. 2. Actions that are required to comply with other local, state or federal laws,…

A. An owner or operator is not required to provide notice or obtain approval of a reclamation plan or financial assurance mechanism under this chapter before creating a surface disturbance pursuant to a remedial action in response to an emergency or to a government order to preve…

A. Beginning April 1, 1997, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at a mining unit, reclamation shall be initiated: 1. Within two years after completing the exploration operation or mining unit. 2. Within two years …

A. The state mine inspector must approve any substantial change to an approved reclamation plan as provided by this section before the change is implemented. B. The owner or operator of the exploration operation or mining unit shall submit a notice of a proposed change to the ins…

A. A reclamation plan may be transferred from one person to another, by operation of law or otherwise, if the current owner or operator notifies the state mine inspector in writing before the transfer. The notice shall include: 1. The name, address, telephone number and statutory…

A. The state mine inspector shall give notice of a proposed reclamation plan or a substantial change to an approved reclamation plan once each week for two consecutive weeks in a newspaper of general circulation in the county or counties in which the exploration operation or mini…

A. The state mine inspector shall make available to the public any records, reports or information obtained or prepared by the inspector, unless a notice accompanying the information or any part of the information states that the information is a trade secret or is otherwise conf…

A. The state mine inspector, by rule or conditional order, may allow an owner or operator of an exploration operation or mining unit to vary from any rule adopted pursuant to this chapter or any requirement or condition of a reclamation plan issued pursuant to this chapter if the…

A. The state mine inspector shall coordinate the review and approval of reclamation plans with the state land department, the United States bureau of land management, the United States forest service and other agencies that manage public lands on which exploration operations or m…

The owner or operator of an exploration operation or mining unit may request a hearing on the state mine inspector's denial of a plan pursuant to title 41, chapter 6, article 10.

A. The state mine inspector shall assess and collect a one-time submission fee from the owner or operator of each exploration operation and mining unit at the time the owner or operator submits a plan under article 3 or 4 of this chapter. B. For fiscal year 1996-1997 the submissi…

A. Subject to section 38-503 and other applicable statutes and rules, the state mine inspector may contract with a private consultant for the purpose of assisting the inspector in reviewing reclamation plans that are submitted under this chapter to determine whether the plans mee…

A. Beginning April 1, 1997, a person who conducts exploration operations that will create more than five contiguous acres of surface disturbance shall submit a reclamation plan to the state mine inspector. The reclamation plan shall: 1. Identify the county or counties in which ex…

A. The state mine inspector shall notify the operator that a reclamation plan is administratively complete or incomplete within thirty days after receiving the plan. B. If the inspector notifies the operator that a plan is incomplete or denied, the inspector shall include a writt…

The state mine inspector shall approve a reclamation plan for exploration operations within sixty days after receiving a complete plan if the plan provides for the reclamation of surface disturbances at the exploration operations according to the following requirements, as applic…

New exploration operations may begin when both of the following occur: 1. The state mine inspector approves the reclamation plan for the exploration operations or ninety days after the inspector receives a reclamation plan if the inspector fails to notify the owner or operator th…

A reclamation plan for exploration operations is renewable annually on: 1. Modification of the plan to address types of surface disturbances that will be conducted during exploration operations but that have not been previously addressed in the reclamation plan. 2. Submission of …

A. Beginning July 1, 1996, an owner or operator may submit a single reclamation plan that covers multiple mining units of a mining facility. B. The proposed reclamation plan shall include: 1. The names and addresses of the owner or operator and an individual who will be the regul…

A. The state mine inspector shall notify the owner or operator that the plan is complete or incomplete within thirty days after receiving the plan. B. The inspector shall approve or disapprove a plan for new mining units within one hundred twenty days after receiving a complete p…

A. The state mine inspector shall approve a reclamation plan for mining units if the plan provides for reclamation measures for surface disturbances that are: 1. Necessary to achieve a safe and stable condition suitable for the post-mining land use objectives stated in the reclam…

Before creating a surface disturbance that is stated to be reclaimed by revegetation pursuant to a new mining unit reclamation plan, the owner or operator shall conserve the soil as reasonably available from the area of disturbance to support the stated revegetation on that speci…

A. A reclamation plan may exclude any provision for reclaiming open pits, rock faces or subsidence areas through backfilling or returning material to the open pit, rock face or subsidence area from which it was extracted if it is impracticable and if public access to the open pit…

Beginning April 1, 1997, new mining units may begin when both of the following occur: 1. The state mine inspector approves the reclamation plan for the mining unit, or one hundred fifty days after the inspector receives a reclamation plan if the inspector does not notify the owne…

A. As required by this chapter, owners and operators of exploration operations and mining units who create surface disturbances shall provide financial assurance mechanisms to the inspector as provided by this article. B. Allowable financial assurance mechanisms for the purposes …

A. The owner or operator of an existing exploration operation or a new or existing mining unit shall transmit a financial assurance mechanism to the state mine inspector within sixty days after a reclamation plan is approved. The inspector shall take final action on the financial…

A. Beginning April 1, 1997, the owner or operator of a new exploration operation shall furnish a financial assurance mechanism to the state mine inspector in an amount equivalent to two thousand dollars per acre of new surface disturbance, unless the inspector approves a cost est…

Financial assurance is not required under this article that duplicates financial assurance that is required under other state or federal laws.

An owner or operator may provide financial assurance under this article on an incremental basis for planned surface disturbances described in the reclamation plan.

A. An owner or operator may apply to the inspector to release all or part of the financial assurance provided under this article. The application shall: 1. Describe the reclamation measures that have been performed. 2. Describe any surface disturbances included in the reclamation…

A. The state mine inspector shall adopt rules for reviewing and acting on: 1. Applications to release all or part of the financial assurance under this article. 2. Forfeiture or exercise of the financial assurance on failure to implement a reclamation plan as required by this art…

Beginning April 1, 1997, the state mine inspector may enter and inspect, during normal business hours, any exploration operation or mining facility that is subject to this chapter to determine compliance with this chapter. The inspector shall give the owner or operator the opport…

A. Beginning April 1, 1997, if the state mine inspector determines that a person is violating this chapter, a rule adopted pursuant to this chapter or any condition of a reclamation plan approved pursuant to this chapter or is causing an imminent and substantial danger to the pub…

A. The state mine inspector may suspend, withdraw or revoke a reclamation plan approval if the inspector determines that the facility is in violation of any rule adopted pursuant to this chapter. B. Any action taken under this section shall comply with the requirements of title 4…

A. Beginning April 1, 1997, if the state mine inspector has reason to believe that a person is violating this chapter or a rule adopted pursuant to this chapter or that a person is causing an imminent and substantial danger to the public safety, the inspector, through the attorne…

A. An order issued by the state mine inspector pursuant to this article is final unless the defendant requests a hearing pursuant to title 41, chapter 6, article 10 within thirty days after receiving the order. B. Except as provided in section 41-1092.08, subsection H, a final ag…

A. Beginning April 1, 1997, an owner or operator of an exploration operation or mining unit shall not: 1. Cause a surface disturbance at an exploration operation or mining unit in violation of this chapter. 2. Fail or refuse to conduct reclamation according to the terms of a recl…