Title 27, Minerals, Oil and Gas

A. The inspector shall adopt rules consistent with this chapter for the reclamation of surface disturbances at exploration operations and aggregate mining units and for the administration of this chapter. B. To accomplish the purposes of this section, the inspector may accept mon…

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 January 1, 2007, an owner or operator of a new exploration operation or new aggregate 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 aggreg…

A. An owner or operator of an existing exploration operation or existing aggregate mining unit with surface disturbances of more than five contiguous acres shall submit a reclamation plan to the state mine inspector on or before January 1, 2007. B. An owner or operator may petiti…

A. Nothing in this chapter shall prevent an owner or operator of an exploration operation or aggregate mining unit from creating a surface disturbance of five contiguous acres or less. B. From and after December 31, 2006, the state mine inspector may require either or both of the…

A. At an inactive aggregate 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 fed…

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 a government order to prevent or mitigate an a…

A. Beginning January 1, 2007, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at an aggregate mining unit, reclamation shall be initiated: 1. Within one year after completing the exploration operation or aggregate mining unit…

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 aggregate mining unit shall submit a notice of a proposed change …

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 schedule and conduct a public meeting on a proposed reclamation plan for a new exploration operation or new aggregate mining unit or substantial change to an approved reclamation plan within forty-five days after receiving a proposed reclamation …

A. The inspector shall give notice of a proposed reclamation plan for an existing exploration operation or an existing aggregate mining unit. The notice shall be: 1. Filed with the secretary of state. 2. Sent by first class mail to cities and counties located within five miles of…

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 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 own and manage public lands on which exploration operati…

A. The state mine inspector may establish by rule a fee to be collected from the owner or operator of each exploration operation and aggregate mining unit at the time the owner or operator submits a plan under article 3 or 4 of this chapter or submits a substantial change to an a…

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 person may appeal a state mine inspector action taken pursuant to this chapter as provided in title 41, chapter 6, article 10.

Title 41, chapter 6, article 7.1 applies to this chapter.

The inspector, by rule or conditional order, may allow an owner or operator of an exploration operation or aggregate 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 ins…

A. Beginning January 1, 2007, 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 …

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. 2. Financial assurance has been submitted to the inspector as required by article 5 of this chapter.

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 January 1, 2006, an owner or operator may submit a single reclamation plan that covers multiple aggregate mining units of an aggregate mining facility. B. The proposed reclamation plan shall include: 1. The names and addresses of the owner or operator and an individu…

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 aggregate mining units within one hundred twenty days after receiving a …

A. The inspector shall approve a reclamation plan for aggregate 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 postaggregate mining land use objectives stated in th…

Before creating a surface disturbance that is stated to be reclaimed by revegetation pursuant to a new aggregate 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 …

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 January 1, 2007, new aggregate mining units may begin when both of the following occur: 1. The state mine inspector approves the reclamation plan for the aggregate mining unit. 2. Financial assurance has been submitted to the inspector as required by article 5 of this c…

A. Within sixty days after the anniversary date of approval of each reclamation plan the owner or operator shall submit to the division a status report for the preceding year. B. The report shall be in a form prescribed by the state mine inspector and shall include: 1. The acreag…

A. On or before January 1, 2007, as required by this chapter, owners and operators of exploration operations and aggregate mining units who create surface disturbances shall provide financial assurance mechanisms to the inspector as provided by this article. B. Allowable financia…

A. The owner or operator of an existing exploration operation or a new or existing aggregate 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…

A. Beginning January 1, 2007, 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 e…

Financial assurance is not required under this article that duplicates financial assurance that is required under other local, state or federal laws. Evidence of financial assurance under this article that would be duplicated must be filed with the state mine inspector.

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 state mine 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 proposed in the …

A. The state mine inspector shall adopt rules for: 1. Reviewing and acting on applications to release all or part of the financial assurance under this article. 2. Ensuring the implementation of the reclamation plan through forfeiture or exercise of the financial assurance on fai…

Beginning January 1, 2007, the state mine inspector may enter and inspect, during normal business hours, any exploration operation or aggregate mining facility that is subject to this chapter to determine compliance with this chapter. The inspector shall give the owner or operato…

A. Beginning January 1, 2007, 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 p…

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 January 1, 2007, 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 attor…

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 January 1, 2007, an owner or operator of an exploration operation or aggregate mining unit shall not: 1. Cause a surface disturbance at an exploration operation or aggregate mining unit in violation of this chapter. 2. Fail or refuse to conduct reclamation according …

Beginning January 1, 2008, a person is not eligible for consideration for award of contracts for the sale of aggregate pursuant to title 41, chapter 23 until that person has an approved reclamation plan pursuant to this chapter.