27-926. Initiation, extension and completion of
reclamation


A. Beginning April 1, 1997, if a surface disturbance cannot be practicably
reclaimed concurrently with an exploration operation or at a mining unit, reclamation
shall be initiated:


1. Within two years after completing the exploration operation or mining unit.


2. Within two years after cessation of mining activity.


3. As required by applicable federal law.


B. The state mine inspector shall extend the period in which to initiate
reclamation under subsection A, with up to three subsequent five year extensions, if the
owner or operator of an exploration operation or mining unit demonstrates a reasonable
likelihood that the project or operation will resume, based on a consideration of
factors, including:


1. The presence of additional mineralization of the commodity being mined or other
commodities in commerce.


2. Historical fluctuations in the value of the commodity being mined or other
commodities present if they can be mined using the same disturbances.


3. The design life of any beneficiation process components existing at a mining
unit.


C. Once initiated, the final reclamation measures shall be performed as stated in
the approved reclamation plan unless the exploration operation or mining unit is
reactivated.