Before creating a surface disturbance that is stated to be reclaimed by revegetation pursuant to a new mining unit reclamation plan, the owner or operator shall conserve the soil as reasonably available from the area of disturbance to support the stated revegetation on that specific disturbance as necessary to achieve the post-mining land use objectives stated in the reclamation plan unless the owner or operator demonstrates one or more of the following factors:

Terms Used In Arizona Laws 27-974

  • 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
  • Soil: means topsoil, suitable substrata or other plant growth media that will sustain vegetation. 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

1. There is insufficient soil to make recovery practicable.

2. Recovery of the soil is not practicable due to limitations of topography, thickness of soil or other physical, climactic or biological constraints.

3. Direct revegetation of the disturbance, with or without soil amendments, is reasonably expected to be successful.

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