A. Nothing in this chapter shall prevent an owner or operator of an exploration operation or aggregate mining unit from creating a surface disturbance of five contiguous acres or less.

Terms Used In Arizona Laws 27-1223

  • Aggregate mining unit: means an individual portion of an aggregate mining facility that encompasses one or more surface disturbances. See Arizona Laws 27-1201
  • Inspector: means the state mine inspector. See Arizona Laws 27-1201
  • Reclamation: means measures that are taken on surface disturbances at exploration operations and aggregate mining units to achieve stability and safety consistent with postaggregate mining land use objectives specified in the reclamation plan. See Arizona Laws 27-1201
  • Surface disturbance: means clearing, covering or moving land by means of mechanized earthmoving equipment for aggregate mining and exploration but does not include surveying, assessment and location work, seismic work, maintenance and other such activities that create a de minimis disturbance. See Arizona Laws 27-1201

B. From and after December 31, 2006, the state mine inspector may require either or both of the following in the case of a series of surface disturbances of five contiguous acres or less by the same owner or operator if the series of surface disturbances in aggregate constitute more than five acres:

1. A reclamation plan under article 3 or 4 of this chapter.

2. A financial assurance mechanism under article 5 of this chapter.