NAC519A.305. Requirements for notice and public comment before modifying plan for reclamation.

     1. The Division shall, at least 30 days before making a major modification to a plan for reclamation of a mining operation:

     (a) Circulate a public notice of the intent to modify the plan in a manner intended to inform interested persons;

     (b) Cause to be published in a newspaper of general circulation within the geographic area of an exploration project or mining operation, a notice of the intent to modify the plan; and

     (c) Mail to the operator, the landowner, members of the board of county commissioners of the county in which the project or operation is located, the Division of Minerals of the Commission on Mineral Resources and any other person who so requests, written notice of the intent to modify the plan.

     2. Notice given pursuant to subsection 1 must include:

     (a) The name, address and telephone number of the Division;

     (b) The name and address of the operator;

     (c) The location of the project or operation;

     (d) A description of the procedure which the Division will use to make a final decision to modify a plan;

     (e) The specific location where interested persons may obtain further information or inspect and copy relevant forms and documents; and

     (f) A statement that interested persons must submit to the Division written comments on the tentative decision of the Division within 30 days after the date on which the notice is published.

     3. The Division:

     (a) Shall allow written comments and information and a public hearing as provided in NAC 519A.185 to 519A.210, inclusive, before making a major modification to a plan for reclamation.

     (b) Is not required to allow written comments and a public hearing as provided in NAC 519A.185 to 519A.210, inclusive, before making a minor modification to a plan for reclamation.

     (Added to NAC by Environmental Comm’n, eff. 9-19-90; A by R097-05, 10-31-2005)