NAC519A.285. Time for initiation of reclamation; extension of time; completion of reclamation.

     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 completion or abandonment of the exploration project or mining operation;

     (b) Within 3 years after a temporary closure of an exploration project or mining operation; or

     (c) As required by the Bureau of Land Management, the United States Forest Service or another federal land management agency.

     2. The Division may grant one or more extensions of the time when reclamation must begin if the operator of an exploration project or mining operation demonstrates that a reasonable likelihood exists that the project or operation will resume, based on a consideration of factors including, but not limited to:

     (a) The presence of additional mineralization of the commodity being mined or other commodities in commerce;

     (b) Historical fluctuations in the value of the commodity being mined or other commodities present if they can be mined using the same disturbances;

     (c) The design life of any beneficiation process components existing at a mining operation; and

     (d) If the closure was caused because of litigation.

Ê Each extension is for a 3-year period.

     3. Once initiated, final reclamation activities must be completed as set forth in an approved plan for reclamation, unless the exploration project or mining operation is reactivated.

     4. As used in this section, “process component” has the meaning ascribed to it in NAC 445A.375.

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