Nevada Administrative Code

NAC 519A.043 “Major modification” defined. (NRS 519A.160) “Major modification” means: 1. A change in the postmining land use which requires reclamation techniques which are significantly different from the techniques included in the approved plan for reclamation; 2. The addition …

NAC 519A.044 “Mine-impacted waters” defined. (NRS 519A.160) “Mine-impacted waters” means any contaminated water: 1. Resulting from a mining operation, including, without limitation: (a) An underground mine; (b) A mine pit penetrating the water table; or (c) Waste or development r…

NAC 519A.050 “Minor modification” defined. (NRS 519A.160) “Minor modification” means: 1. A change involving more than 10 acres but less than 25 percent of the acreage included in the approved plan for reclamation if: (a) The types of disturbances are included in the approved plan…

NAC 519A.055 “New exploration project” defined. (NRS 519A.160) “New exploration project” means an exploration project which was not active before October 1, 1990. (Added to NAC by Environmental Comm’n, eff. 9-19-90)

NAC 519A.060 “New mining operation” defined. (NRS 519A.160) “New mining operation” means a mining operation which was not active before October 1, 1990. (Added to NAC by Environmental Comm’n, eff. 9-19-90)

NAC 519A.066 “Person who has a controlling interest” defined. (NRS 519A.160, 519A.190, 519A.210) 1. “Person who has a controlling interest” means: (a) The president, secretary, treasurer or equivalent thereof of the corporation or business entity; (b) A partner, director or trust…

NAC 519A.068 “Process fluid stabilization” defined. (NRS 519A.160) “Process fluid stabilization” means binding, containing or otherwise treating contaminants in a fluid, including, without limitation, meteoric waters, that have intentionally or unintentionally been introduced int…

NAC 519A.070 “Productive postmining use of the land” defined. (NRS 519A.160) “Productive postmining use of the land” means a use which supports activities including: 1. Wildlife habitat; 2. Livestock grazing; 3. Agriculture and ranching; 4. Industry; 5. Renewable energy developme…

NAC 519A.080 “Revegetation” defined. (NRS 519A.160) “Revegetation” means the establishment of the pre-exploration or pre-mining vegetation or a comparable vegetative cover. (Added to NAC by Environmental Comm’n, eff. 9-19-90)

NAC 519A.090 “Temporary closure” defined. (NRS 519A.160) “Temporary closure” means the cessation of an exploration project or mining operation for a period of not more than 3 years. (Added to NAC by Environmental Comm’n, eff. 9-19-90)

NAC 519A.095 “Topsoil” defined. (NRS 519A.160) “Topsoil” means the material at or near the surface of the earth which has been modified and acted upon by natural, physical, chemical or biological agents in a manner which will allow it to support revegetation. (Added to NAC by Env…

NAC 519A.100 Applicability: Land within exploration project or mining operation. (NRS 519A.160) NAC 519A.010 to 519A.415, inclusive, applies to affected land which is located in exploration projects or mining operations which are active on or after October 1, 1990. (Added to NAC …

NAC 519A.105 Applicability: Road used for access to exploration project or mining operation. (NRS 519A.160) NAC 519A.010 to 519A.415, inclusive, does not apply to a road which an operator can prove to the satisfaction of the Division existed before January 1, 1981, if the road: 1…

NAC 519A.110 Effect of provisions on existing sureties and approved plans of reclamation; applicability to revisions to plans for reclamation. (NRS 519A.160) 1. NAC 519A.010 to 519A.415, inclusive, does not affect, alter or modify the terms and conditions of any approved plan for…

NAC 519A.115 Preliminary compliance with provisions. (NRS 519A.160) An operator who submits a complete application for a permit by April 1, 1993, and pays the applicable fees as required by NAC 519A.225 shall be deemed to be in compliance with NAC 519A.010 to 519A.415, inclusive,…

NAC 519A.120 Time when obtaining of permit and payment of fees required. (NRS 519A.160) 1. The operator of each exploration project or mining operation which is active on October 1, 1990, shall obtain the permit required by NRS 519A.180 or 519A.200, as applicable, and pay the fee…

NAC 519A.125 Permits for exploration projects: Application. (NRS 519A.160, 519A.190) 1. The operator of an exploration project shall apply to the Division for a permit. 2. The application must include: (a) The applicant’s name, address and telephone number; (b) If the applicant i…

NAC 519A.130 Permits for exploration projects: Duration; limitations on issuance. (NRS 519A.160, 519A.190) 1. A permit for an exploration project is valid for the life of the project unless it is suspended or revoked by the Division. 2. If a permit for an exploration project is i…

NAC 519A.135 Interim permits for exploration projects: Prerequisites; effect; duration. (NRS 519A.160, 519A.190) 1. The Division may grant an interim permit for an exploration project conducted on private land if: (a) The operator requests the interim permit in writing and submit…

NAC 519A.140 Permits for mining operations: Application. (NRS 519A.160, 519A.210) 1. The operator of a mining operation shall apply to the Division for a permit. 2. An application must include: (a) The applicant’s name, address and telephone number; (b) If the applicant is a corp…

NAC 519A.145 Permits for mining operations: Duration; inclusion of exploration activities; limitations on issuance. (NRS 519A.160, 519A.210) 1. A permit issued for a mining operation is valid for the life of the operation unless it is suspended or revoked by the Division. 2. Upon…

NAC 519A.150 Exploration projects and mining operations on public land. (NRS 519A.160, 519A.190, 519A.210, 519A.240) 1. If an exploration project or mining operation takes place on public lands administered by the Bureau of Land Management, the United States Forest Service or ano…

NAC 519A.155 Exploration projects and mining operations on both private and public land. (NRS 519A.160, 519A.190, 519A.210, 519A.240) 1. If an exploration project or mining operation takes place on a site which includes privately owned land and public land administered by the Bur…

NAC 519A.156 Affidavit: Requirements; supplemental affidavit; application void under certain circumstances. (NRS 519A.160, 519A.190, 519A.210) 1. An affidavit submitted to the Division by an applicant or operator, as applicable, pursuant to NAC 519A.125, 519A.135, 519A.140, 519A.…

NAC 519A.157 Conditions to remedy default on obligations relating to reclamation of exploration project or mining operation in this State. (NRS 519A.160, 519A.190, 519A.210) For purposes of NRS 519A.190 and 519A.210 and NAC 519A.156, a default on an obligation relating to reclama…

NAC 519A.158 Conditions to remedy issue in relation to reclamation of exploration project or mining operation outside of this State. (NRS 519A.160, 519A.190, 519A.210) For purposes of NRS 519A.190 and 519A.210 and NAC 519A.156, an applicant, operator or person who has a controlli…

NAC 519A.160 Submission to Division of new or amended plan of operation. (NRS 519A.160, 519A.240) When an operator of an exploration project or mining operation submits a new or amended plan of operation to the federal agency, he or she shall file a copy with the Division to allo…

NAC 519A.165 Review of application for permit; provision of additional information; application void under certain circumstances. (NRS 519A.160, 519A.190, 519A.210) 1. The Division shall review an application for a permit and notify the applicant if additional information is requ…

NAC 519A.170 Treatment of information as confidential. (NRS 519A.150, 519A.160) 1. An operator may request when the information is submitted that the information submitted to the Division with the request for a permit be treated as confidential. The Division shall consider a requ…

NAC 519A.175 Time for final denial or issuance of final permit; effective date of permit; notice of denial. (NRS 519A.160) 1. The Division shall issue a final permit to the applicant or a final decision to deny a permit within 15 days after: (a) If a public hearing is required, t…

NAC 519A.180 Time for issuance of draft of permit or notice of intent to deny application; extension of time for review of application. (NRS 519A.160) 1. The Division shall prepare and issue a draft of a permit or notice of intent to deny the application for a permit, the grounds…

NAC 519A.185 Provision and publication of notice of intent to issue draft of permit or to deny application; exception. (NRS 519A.160) 1. Except as otherwise provided in subsection 3, the Division shall, at least 30 days before the issuance of a draft permit or a notice of intent …

NAC 519A.190 Submission of comments and information concerning draft of permit; request for public hearing. (NRS 519A.150, 519A.160) 1. Within 30 days after notice is published pursuant to NAC 519A.185: (a) Any person may submit written comments and information regarding the draf…

NAC 519A.195 Prerequisites for scheduling public hearing on application for permit. (NRS 519A.150, 519A.160) The Division shall schedule a public hearing on an application for a permit if: 1. A person who is directly affected by the application for a permit requests the hearing a…

NAC 519A.200 Notice of public hearing. (NRS 519A.150, 519A.160) 1. The Division shall cause to be published a notice for a hearing at least 30 days before the hearing in the manner prescribed by NAC 519A.185. 2. In addition to the information required by NAC 519A.185, the notice …

NAC 519A.205 Submission of comments and information at public hearing; provision of records to operator. (NRS 519A.150, 519A.160) 1. Any person may submit to the Division at a public hearing on the application for a permit held by the Division an oral or written statement or othe…

NAC 519A.210 Statement by Division responding to public comments. (NRS 519A.160) 1. If the Division issues a final permit, it shall, if applicable, issue at the same time a statement responding to the comments received on the matter. 2. A copy of the statement must be sent to the…

NAC 519A.215 Transfer of permit to new operator. (NRS 519A.160, 519A.190, 519A.210, 519A.240) 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 t…

NAC 519A.220 Suspension or revocation of permit. (NRS 519A.150, 519A.160) 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, Ê the revocatio…

NAC 519A.225 Fees for application for permit. (NRS 519A.160) 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 …

NAC 519A.227 Fee for modification to permit. (NRS 519A.160) 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 5…

NAC 519A.230 Submission of fee if permit not issued. (NRS 519A.160) 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 519A.235 Annual submission of fees for services by Division. (NRS 519A.160) 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…

NAC 519A.240 Time for submission of fees for new exploration projects and mining operations. (NRS 519A.160) 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 e…

NAC 519A.245 Circumstances under which reclamation is required. (NRS 519A.160) 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…

NAC 519A.250 Exemption of open pits and rock faces from requirements. (NRS 519A.160, 519A.230) 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 t…

NAC 519A.255 Reclamation not required beyond that approved by federal agency. (NRS 519A.160, 519A.240) 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 fede…