Nevada Administrative Code

NAC 519A.275 Requirements for productive postmining use of land. (NRS 519A.160) 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 lan…

NAC 519A.280 Approval required of proposed postmining use of land. (NRS 519A.160) 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 Lan…

NAC 519A.285 Time for initiation of reclamation; extension of time; completion of reclamation. (NRS 519A.160) 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 …

NAC 519A.290 Departure from approved plan for reclamation. (NRS 519A.160, 519A.230) 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 c…

NAC 519A.295 Procedure for operator to modify plan for reclamation. (NRS 519A.160, 519A.230) 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 appli…

NAC 519A.300 Modification by Division of plan for reclamation. (NRS 519A.150, 519A.160) 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 impossi…

NAC 519A.305 Requirements for notice and public comment before modifying plan for reclamation. (NRS 519A.150, 519A.160) 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…

NAC 519A.310 Approval of modification to approved plan for reclamation of public land. (NRS 519A.160) 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…

NAC 519A.315 Manner for abandonment of site; selection of appropriate activities for reclamation of site. (NRS 519A.160, 519A.230) 1. The abandonment of a site must be conducted in a manner which ensures public safety, encourages techniques to minimize adverse visual effects and …

NAC 519A.320 Notification by operator of completion, abandonment or suspension of work on exploration project or mining operation. (NRS 519A.160) 1. An operator shall notify the Division in writing within 90 days after an exploration project or mining operation is completed or ab…

NAC 519A.325 Removal and stockpiling of topsoil; avoidance of depression in land. (NRS 519A.160, 519A.230) 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 disturban…

NAC 519A.330 Revegetation of land. (NRS 519A.160, 519A.230) 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 opera…

NAC 519A.335 Authority of Division to approve appropriate methods of reclamation. (NRS 519A.140, 519A.160) 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…

NAC 519A.340 Authority of Division to request operator of exploration project to perform certain types of reclamation. (NRS 519A.140, 519A.160) The Division may, if appropriate, request an operator of an exploration project to reclaim: 1. Roads and drill pads by: (a) Recontouring…

NAC 519A.345 Authority of Division to require operator of mining operation to perform certain types of reclamation. (NRS 519A.140, 519A.160) The Division may, if appropriate, require an operator of a mining operation to reclaim: 1. Roads, including, without limitation, access roa…

NAC 519A.350 General requirements. (NRS 519A.160, 519A.190, 519A.210) 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) …

NAC 519A.355 Provision of statewide surety for exploration projects. (NRS 519A.160, 519A.190) 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-…

NAC 519A.360 Amount of surety required. (NRS 519A.160, 519A.190, 519A.210) 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,…

NAC 519A.365 Submission to Division of information regarding estimation of costs for reclamation. (NRS 519A.160, 519A.190, 519A.210) 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 ex…

NAC 519A.370 Determination of whether estimate of cost for reclamation is sufficient. (NRS 519A.160, 519A.190, 519A.210) 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…

NAC 519A.375 Disturbances of land for which surety not required. (NRS 519A.160, 519A.190, 519A.210) 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 …

NAC 519A.380 Periodic review of amount of surety; notification required; adjustment of amount. (NRS 519A.160) 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 r…

NAC 519A.385 Release of surety: Request to release; conditions; denial of request. (NRS 519A.160) 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 …

NAC 519A.390 Forfeiture of surety: Grounds; notice and hearing. (NRS 519A.160) 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…

NAC 519A.392 Payments for deposit into Fund; use and reimbursement of money in Fund. (NRS 519A.160) 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 Departmen…

NAC 519A.395 Inspections by Division and federal agencies; submission of results to operator. (NRS 519A.160) 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 acti…

NAC 519A.400 Notice of noncompliance: Service; contents; withdrawal. (NRS 519A.160, 519A.270) 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 …

NAC 519A.405 Maximum amount of civil penalty. (NRS 519A.160, 519A.280) The civil penalty imposed by the Division pursuant to NRS 519A.280 must not exceed $5,000 per violation. (Added to NAC by Environmental Comm’n, eff. 9-19-90) Miscellaneous Provisions

NAC 519A.410 Small mining operations: Operator required to submit certain information and documentation to Division; permit required if 5 acres or more of land will be affected by operation. (NRS 519A.160) 1. The operator of a small mining operation shall submit to the Division: …

NAC 519A.415 Appeals to Commission. (NRS 519A.160) 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, Ê by the State Department of Conser…

NAC 519A.510 Definitions. (NRS 513.063, 519A.250, 519A.290) As used in NAC 519A.510 to 519A.635, inclusive, unless the context otherwise requires, the words and terms defined in NAC 519A.512 to 519A.555, inclusive, have the meanings ascribed to them in those sections. (Added to N…

NAC 519A.512 “Administrator” defined. (NRS 519A.250, 519A.290) “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)

NAC 519A.515 “Bond pool” defined. (NRS 519A.290) “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 r…

NAC 519A.520 “Commission” defined. (NRS 519A.290) “Commission” means the Commission on Mineral Resources. (Added to NAC by Dep’t of Minerals, eff. 10-9-90)

NAC 519A.525 “Division” defined. (NRS 519A.250, 519A.290) “Division” means the Division of Minerals of the Commission on Mineral Resources. (Added to NAC by Dep’t of Minerals, eff. 10-9-90)

NAC 519A.535 “Exploration project” defined. (NRS 519A.250, 519A.290) “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 gr…

NAC 519A.540 “Mining operation” defined. (NRS 513.063, 519A.250, 519A.290) “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…

NAC 519A.543 “Notice-level project” defined. (NRS 513.063, 519A.290) “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 Comm’n on Mineral Resources by R044-19, eff. 12-…

NAC 519A.545 “Operator” defined. (NRS 519A.250, 519A.290) “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)

NAC 519A.550 “Participant” defined. (NRS 519A.290) “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)

NAC 519A.552 “Plan” defined. (NRS 513.063, 519A.250, 519A.290) “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 Environm…

NAC 519A.555 “Responsible regulatory authority” defined. (NRS 519A.290) “Responsible regulatory authority” means the governmental agency that has authority to require, modify, release or require forfeiture of a reclamation performance bond for a mining operation or an exploration…

NAC 519A.570 Administration by Division; application for participation; waiver or exception from certain requirements. (NRS 513.063, 519A.290) 1. The Division will administer the bond pool. 2. A person who wishes to participate in the bond pool must complete an application on a f…

NAC 519A.575 Submission of information by applicant; prequalification of applicant. (NRS 519A.290) 1. An applicant may submit any part of the information required by NAC 519A.570 before submitting the remaining required information. 2. The Administrator or his or her designee may…

NAC 519A.580 Notification of applicant; right to appeal denial of application. (NRS 519A.290) The Division will notify the applicant within 20 business days after receipt of an application that: 1. The applicant has been accepted to participate in the bond pool subject to payment…

NAC 519A.585 Establishment of amount of bond; amount of coverage by bond pool; maximum amount; request for change in bond pool coverage. (NRS 513.063, 519A.290) 1. The responsible regulatory authority shall establish the amount of the reclamation performance bond. 2. A participan…

NAC 519A.590 Indemnification of bond pool. (NRS 519A.290) Before acceptance into the bond pool, the applicant must execute a general agreement of indemnity on a form provided by the Division. After acceptance into the bond pool, the applicant must indemnify and keep indemnified a…