Arizona Laws 27-973. Approval; criteria
A. The state mine inspector shall approve a reclamation plan for mining units if the plan provides for reclamation measures for surface disturbances that are:
Terms Used In Arizona Laws 27-973
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Inspector: means the state mine inspector. See Arizona Laws 27-901
- Mining facility: means property that is owned, operated or managed by the same person to develop, mine, concentrate or leach minerals and associated mineral recovery activities but does not include smelting, refining, fabricating or other metal processing facilities and materials associated with those facilities. 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
1. Necessary to achieve a safe and stable condition suitable for the post-mining land use objectives stated in the reclamation plan.
2. Compatible with good engineering practices regarding erosion control and seismic activity for the applicable seismic zone.
B. In evaluating the reclamation plan, the inspector shall consider the technical and economic practicability of the proposed reclamation measures, taking into account the site-specific circumstances at the mining unit and the proposed post-mining land use objectives as stated in the reclamation plan, including:
1. Grazing and other agricultural land use objectives.
2. Developed water resources and water management projects.
3. Fish or wildlife habitat.
4. Forestry.
5. Historic preservation.
6. Industrial or commercial, including tourism.
7. Recreation.
8. Residential.
9. Scientific or educational.
10. Mining or remining, except that the proposed post-mining use of mining or remining does not relieve an owner or operator from complying with or implementing the reclamation plan requirements under this chapter.
11. Other appropriate post-mining land use objectives.
C. The post-mining land use objective stated in the reclamation plan need not be the same use of the land that existed before the mining facility was located on the site.