NAC519A.135. Interim permits for exploration projects: Prerequisites; effect; duration.

     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;

     (b) The project contains a disturbance on affected land which is greater than 5 acres but less than 20 acres within a 1-mile radius of the center of the project, including all lands, both public and private, associated with the project;

     (c) The project employs best management practices during operation and reclamation to control erosion and minimize the transport and delivery of sediment to surface water, which must be the best management practices described in the State of Nevada Handbook of Best Management Practices or practices equivalent thereto;

     (d) The operator files an application for a permit with the Division, including the information required in subsection 2 of NAC 519A.125 before disturbing and not reclaiming 5 acres of land;

     (e) The operator provides surety which is acceptable to the Division;

     (f) The operator files the fee required by NAC 519A.225 and submits the statement required by paragraph (e) of subsection 2 of NAC 519A.125;

     (g) The operator does not have an outstanding notice of noncompliance issued pursuant to NAC 519A.400; and

     (h) The operator is not in violation of the provisions of:

          (1) Chapter 519A of NRS;

          (2) NAC 519A.010 to 519A.415, inclusive; or

          (3) An approved plan for reclamation.

     2. The Division may grant an interim permit for an exploration project conducted on public land administered by the Bureau of Land Management, the United States Forest Service or another federal land management agency if:

     (a) The operator requests the interim permit in writing;

     (b) The project contains a disturbance on affected land which is greater than 5 acres but less than 20 acres within a 1-mile radius of the center of the project, including all lands, both public and private, associated with the project;

     (c) The operator submits to the Division a plan for reclamation approved by the applicable federal land management agency before disturbing and not reclaiming 5 acres of land;

     (d) The operator demonstrates that a surety acceptable to the applicable federal agency has been filed;

     (e) The operator files the fee required by NAC 519A.225 and submits the statement required by paragraph (e) of subsection 2 of NAC 519A.125;

     (f) The operator does not have an outstanding notice of noncompliance issued pursuant to NAC 519A.400; and

     (g) The operator is not in violation of the provisions of:

          (1) Chapter 519A of NRS;

          (2) NAC 519A.010 to 519A.415, inclusive; or

          (3) An approved plan for reclamation.

     3. An operator meeting the requirements of subsection 1 or 2 may proceed with the exploration project while the Division processes the application for a permit.

     4. An interim permit granted pursuant to this section remains in effect until:

     (a) A final permit is issued or denied; or

     (b) The interim permit is revoked or suspended,

Ê by the Division.

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