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

Terms Used In Arizona Laws 27-923

  • Inspector: means the state mine inspector. See Arizona Laws 27-901
  • Mining unit: means an individual portion of a mining facility that encompasses one or more surface disturbances. See Arizona Laws 27-901
  • Reclamation: means measures that are taken on surface disturbances at exploration operations and mining units to achieve stability and safety consistent with post-mining land use objectives specified in the reclamation plan. See Arizona Laws 27-901
  • Surface disturbance: means clearing, covering or moving land by means of mechanized earth-moving equipment for mineral exploration, development and production purposes 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 27-901

B. From and after December 31, 1996, 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.

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