27-992. Mining unit or existing exploration
operation
A. The owner or operator of an existing exploration operation or a new or existing
mining unit shall transmit a financial assurance mechanism to the state mine inspector
within sixty days after a reclamation plan is approved. The inspector shall take final
action on the financial assurance mechanism within thirty days after it is received.
B. In determining the amount of financial assurance to be provided for an existing
exploration operation or a new or existing mining unit, the inspector shall consider the
costs of approved reclamation measures stated in the reclamation plan. In computing
reclamation costs, the inspector shall assume that third parties will perform the
reclamation measures. The inspector shall reduce the amount of the required financial
assurance to the costs of the owner or operator performing the reclamation measures if
the owner or operator can demonstrate sufficient financial ability to perform the
necessary reclamation or if the owner or operator meets the financial assurance reduction
criteria established by rule. Financial ability shall be established by one or more of
the financial mechanisms described in 40 Code of Federal Regulations section 264.143(f).
C. Each financial assurance mechanism for an existing exploration or new or
existing mining unit submitted to the inspector shall provide the amount in current
dollars equal to the cost to:
1. Perform the approved reclamation measures stated in the reclamation plan on the
area of surface disturbance.
2. Provide continued care and monitoring of the areas stated in the reclamation
plan for revegetation for no more than three growing seasons without additional
supplemental irrigation or other man-induced inputs after performing the reclamation
measures unless the supplemental inputs are part of the post-mining land
use. Notwithstanding this paragraph, revegetation efforts that are necessary to achieve
the post-mining land use objective are considered adequate and complete if the owner or
operator has taken reasonable measures to achieve vegetative success. Technical and
economic practicability as it relates to site-specific conditions and the proposed
post-mining land use shall be taken into account in making that determination.
D. The inspector shall adjust the amount of financial assurance every five years or
more often as necessary to adjust for new areas of planned surface disturbances or
inflation or to reflect changed costs resulting from substantial modifications of the
reclamation plan.
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