NAC519A.250. Exemption of open pits and rock faces from requirements.

     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 the operator proves to the satisfaction of the Division that reclamation is not feasible, the Division shall exempt an open pit or rock face from the requirements for reclamation of NAC 519A.010 to 519A.415, inclusive.

     3. The Division shall base its determination of the feasibility of reclaiming open pits and rock faces on the technological and economic practicability of achieving a safe and stable condition suitable for a productive postmining land use. The Division shall consider, without limitation, the:

     (a) Topography of the site;

     (b) Geology and stability of the site;

     (c) Time required to complete reclamation;

     (d) Consumption of resources required to complete reclamation;

     (e) Potential adverse environmental impacts to the quality of the air and water associated with the activities for reclamation; and

     (f) Future access to mineral resources.

     4. Upon request by the applicant, the return of material to the open pit from which it was extracted shall be considered to be not feasible for the purposes of reclamation.

     5. If an open pit or rock face is exempted from reclamation, public safety must be provided for by means other than reclamation, including, but not limited to, restrictions on access to the site or restrictions on the deed to the property.

     (Added to NAC by Environmental Comm’n, eff. 9-19-90)