Ariz. Admin. Code § 11-2-802

Current through Register Vol. 30, No. 25, June 21, 2024

Section R11-2-802 - Amount of Financial Assurance

A. In estimating the cost of executing the reclamation plan, all activities in the reclamation plan shall be addressed, including, if applicable:

1. Earth moving, regrading, and stabilization of surface disturbances included in the reclamation plan;

2. Revegetation, preparation of seedbed, and planting;

3. Demolition of buildings and other structures;

4. For new exploration operations, removal of trash and other materials and structures incidental to exploration;

5. Any ongoing or long-term activities which are required to maintain the effectiveness of reclamation or are necessary in place of reclamation, including periodic clean-out of sediment basins or maintenance of berms and fences which are used to prevent access to areas which pose a threat to public safety;

6. Equipment mobilization and demobilization;

7. Contractor profit; and

8. Administrative overhead.

B. In addition to submitting the estimated costs to perform each of the proposed reclamation measures required under A.R.S. § 27-971(B)(11) or R11-2-301(B), the owner or operator of a mining unit or existing exploration operation shall submit to the State Mine Inspector:

1. Documentation for the calculation of the estimated costs, and

2. The source of the estimated costs.

C. The State Mine Inspector shall review the owner's or operator's estimate of the cost for reclamation and determine if the estimate is adequate to complete all required reclamation.

D. If the State Mine Inspector determines the estimated cost of executing the reclamation plan is not adequate to complete all required reclamation, the reclamation plan shall be considered incomplete under A.R.S. §§ 27-952 or 27-972.

E. If an owner or operator submits a written request for a reduction of financial assurance, along with a demonstration of sufficient financial ability pursuant to A.R.S. § 27-992(B), the State Mine Inspector shall grant or deny the request in writing within 30 days after receiving the request.

Ariz. Admin. Code § R11-2-802

Adopted effective January 6, 1997 (Supp. 97-1).