NAC519A.360. Amount of surety required.

     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.

     2. The amount of surety required must be based on an estimate of the cost of executing the plan for reclamation which would be incurred by the state or federal agency having jurisdiction over the land.

     3. The operator’s estimate of the cost for reclamation must be based on either:

     (a) The costs of equipment rental, operation and labor which are appropriate for the geographic area undergoing reclamation and which would otherwise be incurred by a third-party contractor who performed the reclamation;

     (b) Estimated costs provided by an outside contractor; or

     (c) Any other method which is acceptable to the Administrator, the Bureau of Land Management, the United States Forest Service or another federal land management agency, if applicable.

     4. In determining the cost of executing the plan for reclamation, the operator shall consider all activities in the plan for reclamation that are required by NAC 519A.010 to 519A.415, inclusive, or chapter 519A of NRS, including, if appropriate:

     (a) Earth moving, regrading, stabilization of heaps and dumps, recontouring of roads and erosion control;

     (b) Process fluid stabilization;

     (c) Revegetation, preparation of seedbed and planting;

     (d) Demolition of buildings and other structures;

     (e) Removal and disposal or salvage of buildings, structures, equipment, piping, scrap and reagents;

     (f) Any ongoing or long-term activities which are required to maintain the effectiveness of reclamation or are necessary in lieu of reclamation, including periodic clean-out of sediment basins or maintenance of berms and fences which are used to prevent access to areas which pose a threat to the public safety;

     (g) Equipment mobilization and demobilization; and

     (h) Administration and management by the Division, the Bureau of Land Management, the United States Forest Service and another federal land management agency, if applicable.

     5. In determining the cost of executing the plan for reclamation, the operator shall not consider the cost of any activity not included in the plan for reclamation or not required by NAC 519A.010 to 519A.415, inclusive, or chapter 519A of NRS. This subsection does not limit in any way the authorities of the Bureau of Land Management, the United States Forest Service or another federal land management agency to require surety for purposes other than those of NAC 519A.010 to 519A.415, inclusive, and chapter 519A of NRS.

     (Added to NAC by Environmental Comm’n, eff. 9-19-90; A by R090-00, 7-27-2000; R044-12, 9-14-2012)