NAC519A.215. Transfer of permit to new operator.

     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 the parent corporation, subsidiary corporation or other company receiving the permit as a result of the transfer:

          (1) A statement that the corporation or company agrees to assume responsibility for the reclamation of any affected land which is the subject of the existing permit;

          (2) A statement explaining the corporate structure of the corporation or company;

          (3) A copy of the state business license of the corporation or company; and

          (4) A copy of the certificate of registration of the corporation or company which is filed with the Secretary of State;

     (b) If the exploration project or mining operation is on privately owned land, a surety to ensure that reclamation will be completed;

     (c) If the exploration project or mining operation is on public land administered by the Bureau of Land Management, the United States Forest Service or another federal land management agency, evidence that a surety acceptable to that agency has been filed; and

     (d) If the exploration project or mining operation is on privately owned and public land administered by the Bureau of Land Management, the United States Forest Service or another federal land management agency either:

          (1) Evidence that a surety acceptable to the federal agency has been filed with the agency which covers reclamation of all disturbed land, including privately owned and public land; or

          (2) A surety to cover:

               (I) The cost of reclamation on privately owned land, in a form and amount acceptable to the Division; and

               (II) Evidence that a surety acceptable to the Bureau of Land Management, the United States Forest Service or another federal land management agency has been filed with the agency for reclamation of land.

     2. The Division shall transfer a permit to a new operator within 30 days after it receives the information and documentation required by subsection 1 unless the current operator requests that the transfer be made on a later date.

     3. The Division shall not transfer a permit to an operator who is in violation of any provision of:

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

     (b) Chapter 519A of NRS; or

     (c) An approved plan for reclamation,

Ê and to whom a notice of noncompliance has been served and remains outstanding pursuant to NAC 519A.400.

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