Nev. Admin. Code § 519A.Sec. 3

Current through October 11, 2024

Section 519A.Sec. 3 - NEW

1. An affidavit submitted to the Division by an applicant or operator, as applicable, pursuant to NAC 519A.125, 519A.135, 519A.140, 519A.150, 519A.155 or 519A.215 must:

(a) Be submitted on the form prescribed by the Division.

(b) Attest as to whether or not the applicant or operator, as applicable, and, if the applicant or operator is a corporation or other business entity, each person who has a controlling interest in the corporation or business entity, has ever defaulted on an obligation related to the reclamation of an exploration project or mining operation in this State. If the applicant, operator or a person who has a controlling interest has ever defaulted, the applicant or operator must indicate whether the default has been remedied, as described in section 4.

(c) Attest as to whether or not the applicant or operator, as applicable, and if the applicant or operator is a corporation or other business entity, each person who has a controlling interest in the corporation or business entity, is in good standing with agencies of other states or federal agencies relating to the reclamation of an exploration project or mining operation outside of this State.

(d) Identify:

(1) Each exploration project or mining operation in this State for which the applicant or operator, as applicable, or a person who has a controlling interest in the corporation or business entity, has ever defaulted on any obligation relating to reclamation pursuant to chapter 519A of NRS, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280.

(2) Each exploration project or mining operation outside of this State for which the applicant or operator, as applicable, or a person with a controlling interest in the corporation or business entity is subject to any settlement, consent decree or any criminal, civil or administrative order or judgment for a violation of a federal or state reclamation statute or regulation which is not appealable or has otherwise become final after declination or exhaustion of all appeals therefrom.

(e) For each exploration project and mining operation identified pursuant to paragraph (d):

(1) Provide the dates during which the applicant or operator, as applicable, or a person with a controlling interest was engaged in the exploration project or mining operation.

(2) Indicate whether the applicant, operator or person with a controlling interest has remedied the default or become in good standing with all agencies of other states and federal agencies, as applicable, in relation to the reclamation of the exploration project or mining project.

(f) Include any other information required by the Division.

2. If an applicant, operator or person with a controlling interest remedies the default on an obligation related to reclamation or becomes in good standing with an agency of another state or a federal agency in relation to the reclamation of an exploration project or mining project outside of this State after the affidavit required pursuant to subsection 1 is submitted to the Division, the applicant, operator or person with a controlling interest, as applicable, must submit to the Division a supplemental affidavit on the form prescribed by the Division that:

(a) Describes with particularity the actions that the applicant, operator or person with a controlling interest, as applicable, has taken to remedy the default or lack of good standing;

(b) Attests that the applicant, operator or person with a controlling interest, as applicable, has remedied all issues related to the default or the lack of good standing; and

(c) Includes any other information required by the Division.

3. Failure to remedy the default or become in good standing, as applicable, and provide a supplemental affidavit pursuant to subsection 2 within 1 year after the original application date renders an application void and requires the submittal of a new application, affidavit and fee.

Nev. Admin. Code § 519A.Sec. 3

Added to NAC by Environmental Comm'n by R085-21A, eff. 4/1/2022

NRS 519A.160, 519A.190, as amended by section 1 of Assembly Bill No. 148, chapter 385, Statutes of Nevada 2021, at page 2339, and NRS 519A.210, as amended by section 2 of Assembly Bill No. 148, chapter 385, Statutes of Nevada 2021, at page 2340