Section 519A.275 - Requirements for productive postmining use of land1. A productive postmining use of the land required to be submitted with a plan for reclamation need not provide a use of the land and degree of productivity which is identical with the use of the land before the mining began or the use of the adjacent land or the degree of use.2. Land which is returned to its pre-mining use or reclaimed after mining or exploration to a level of productivity which is generally consistent with the pre-mining level of productivity or the level of productivity of the surrounding land shall be deemed to be a productive postmining use.3. Land which is reclaimed to a degree of productivity which is less productive than its pre-mining use shall be deemed to be productive if the operator takes reasonable measures, including, but not limited to: (a) Ensuring adequate fertilization of the soil;(b) Ensuring the quantity and quality of the topsoil or growth medium; and(c) Establishing a productive postmining use of the land within site-specific economic and technical constraints of the area.4. Land subject to excessive erosion will not be deemed to be reclaimed to a productive postmining use unless excessive erosion existed before mining or exists on the adjacent land. Evidence of the excessive erosion must be provided by the operator to the Division.5. If the operator is not the owner of the surface of the affected lands, the Division shall consider any comments received from the landowner pursuant to NAC 519A.190 and 519A.205 in making the final determination that the proposed plan for reclamation adequately provides for a productive postmining use of the land.Nev. Admin. Code § 519A.275
Added to NAC by Environmental Comm'n, eff. 9-19-90; A by R080-08, 12-17-2008