A. The state mine inspector shall approve or disapprove a community notice for a new aggregate mining operation or major modification within sixty days after the notice is filed by the owner or operator of the aggregate mining operation.

Terms Used In Arizona Laws 27-445

  • Aggregate: means cinders, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. See Arizona Laws 27-441
  • Aggregate mining: means clearing, covering or moving land using mechanized earth-moving equipment on privately owned property for aggregate development and production purposes, including ancillary aggregate finished product activities. See Arizona Laws 27-441
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Inspector: means the state mine inspector and except in article 7 of this chapter his deputies. See Arizona Laws 27-301
  • Major modification: means a change in an approved community notice that is one or more of the following:

    (a) An increase of more than twenty acres from that stated in the currently approved community notice for the aggregate mining operation. See Arizona Laws 27-441

  • Mine: means all lands containing excavations, underground passageways, shafts, tunnels and workings, structures, facilities, equipment, machines or other property including impoundments, retention dams, tailings and waste dumps, on the surface or underground, used in, to be used in or resulting from the work of extracting minerals or other materials, excluding hydrocarbons. See Arizona Laws 27-301
  • Mining: means those activities conducted to develop or extract materials from a mine including on-site transportation, concentrating, milling, leaching, smelting or other processing of ores or other materials. See Arizona Laws 27-301
  • New aggregate mining operation: means an aggregate mining operation that begins operations after the date the aggregate mining operations zoning district is established pursuant to section 11-812. See Arizona Laws 27-441
  • operation: means property that is owned, operated or managed by the same person for mining aggregate and is located in an aggregate mining operations zoning district established pursuant to section 11-812. See Arizona Laws 27-441
  • Operator: means a natural person, corporation, partnership association, agent, governmental entity or other public or private organization or representative owning, controlling or managing a mine. See Arizona Laws 27-301
  • Property: includes both real and personal property. See Arizona Laws 1-215

B. The inspector shall approve the community notice for a new aggregate mining operation or a major modification if:

1. The notice filed with the inspector contains the information required by section 27-442, subsection C or the major modification filed with the inspector is complete pursuant to section 27-442, subsection E.

2. The fee prescribed in section 27-443 is paid.

3. The community notice or major modification filed with the inspector is mailed to property owners as required by section 27-444, subsection A.

4. The designated community representative attends and responds to questions if a public meeting is held pursuant to section 27-444, subsections B and C.

C. If the inspector disapproves a community notice or major modification, the inspector must include with the disapproval a written explanation stating the reasons for denial, including recommendations for correcting the unacceptable parts of the community notice or major modification.

D. Community notices for existing aggregate mining operations filed pursuant to section 27-442, subsection H are considered to be approved on submission to the inspector.

E. The owner or operator of any aggregate mining operation shall operate according to an approved original or modified community notice.

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