NEVADA STATE ENVIRONMENTAL COMMISSION
REGULATORY PETITION REGISTRY & DOCUMENT ACCESS
Petition No. P2008-11

LCB File No. R080-08

Nevada Administrative Code: NRS 519A.160; 4, NRS 519A.160, 519A.190 and 519A.210.

Description of Petition: This proposed regulation provides clarification of surface ownership for lands affected by applications for reclamation permits. Under section 519A.275 the proposed regulation requires the Division of Environmental Protection (NDEP) to consider comments received from landowners in making final decisions about postmining land use. This is particularly important where permittees do not own title to the surface of affected land that will be reclaimed.

The proposed regulation further requires mine operators to make timely periodic payments to trust funds established for mine reclamation. Such payments need to precede actual mining or exploration activities, and must be sufficient to maintain the trust fund balance at a level at or above the outstanding reclamation obligation at any time.

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