Section 519A.385 - Release of surety: Request for release; conditions; denial of request1. The Division may release a surety either in whole or in part at the request of the operator.2. The entire surety must not be released until all of the requirements of the permit have been fulfilled, except that: (a) A portion of the surety covering a specific reclamation activity for a discrete type of disturbance on affected land may be released when the requirements of the permit regarding the affected land have been fulfilled.(b) Except as otherwise provided in subsection 3, not more than 60 percent of the posted surety may be released upon completion of the earthwork. The remaining surety must not be released until all requirements of the permit have been satisfied.(c) Upon transfer of a permit to a new operator and upon acceptance of the required surety from the new operator, the Division shall release the surety posted by the original operator.3. More than 60 percent of the posted surety may be released pursuant to paragraph (b) of subsection 2 if the operator demonstrates that the remaining surety is sufficient to ensure completion of the required reclamation.4. Within 30 days after receiving a request to release a surety, the agency holding the surety, or its registered agent pursuant to NAC 519A.140, shall inspect the permitted exploration project or mining operation to determine whether the operator has fulfilled the requirements of his or her permit and either: (a) Release the surety or portion thereof as requested; or(b) Notify the operator that the requested surety will not be released, the reasons why and the measures necessary to satisfy the requirements of the permit.5. If a request to release is denied, the operator may appeal the decision pursuant to NAC 519A.415.6. The 30 days within which an agency must respond to a request to release a surety pursuant to subsection 4 may be extended if weather conditions prevent an inspection of the reclaimed area.Nev. Admin. Code § 519A.385
Added to NAC by Environmental Comm'n, eff. 9-19-90; A by R086-21A, eff. 2/28/2022