NAC519A.295. Procedure for operator to modify plan for reclamation.

     1. An operator may request a modification to a plan for reclamation:

     (a) By submitting to the Division a written request and those portions of the application for a permit which are applicable to the requested modification, including, a revision to the calculated cost of executing the plan for reclamation and the amount of surety, if applicable; and

     (b) For any reason, including:

          (1) A proposed change in the postmining land use;

          (2) The addition of a new disturbance to the affected land; and

          (3) Proposed changes to the methods and techniques which will be used for reclamation.

     2. The Division shall review a request for a major modification to a plan for reclamation or a minor modification to a plan for reclamation of a mining operation and notify the applicant if additional information is required within 15 days after the receipt of the request. The notice must state the information which is required.

     3. If the applicant provides additional information to complete a request, the Division shall notify the applicant if more additional information is required within 15 days after receipt of the additional information. The notice must state the additional information which is required.

     4. The Division shall issue a notice of intent to allow or deny the request within 15 days after the later of:

     (a) The close of the period for public comment provided in NAC 519A.190; or

     (b) The receipt of the request for modification and the corresponding fees.

     5. If the request for a modification is denied, the Division shall notify the applicant of:

     (a) The reasons for denial; and

     (b) The time allowed and procedures for appealing the decision pursuant to NAC 519A.415.

     6. A request for a minor modification to a plan for reclamation of an exploration project shall be approved or denied, and the reason for denial given, within 10 days after the request for modification is submitted.

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