Current through December 31, 2024
The Division may, if appropriate, require an operator of a mining operation to reclaim:
1. Roads, including, without limitation, access roads and haul roads, and drill pads by:
(a) Recontouring or regrading to round off, cut and fill slopes to approximate the natural topography of the land before the land was affected, unless otherwise approved by the Division;
(c) Ripping or scarifying the surface;
(d) Constructing water bars;
(f) Restoring or stabilizing drainage areas or streambeds.
2. Drill holes from exploration by plugging the holes pursuant to chapters 534 of NRS and NAC.
3. Waste rock storage and disposal facilities by:
(a) Except as otherwise provided in this paragraph, regrading to a final slope with a minimum horizontal-to-vertical ratio of 3H:1V. If a horizontal-to-vertical ratio of 3H:1V is not achievable due to a site-specific limitation, the Division may require, based on site characterization and best engineering judgment, regrading to a minimum achievable slope based on the site conditions in order to round off sharp edges, enhance stability, reduce susceptibility to erosion and facilitate efforts for revegetation.
(b) Revegetation of the recontoured surface area.
(c) Constructing one or more stormwater diversions that are sufficient to withstand the runoff from a 24-hour storm event with a 500-year recurrence interval, unless more or less protection is approved by the Division based on site characterization and best engineering judgment.
(d) Implementing measures to stabilize, manage, control or treat mine-impacted waters.
4. Dams for tailings storage and disposal facilities by:
(a) Placing a cover which, unless more or less protection is approved by the Division based on site characterization and best engineering judgment:
(1) Must be a minimum of 2 feet;
(2) Must include, without limitation, topsoil or growth medium; and
(3) May include, without limitation, waste rock;
(c) Decommissioning, as defined in NAC 535.045, of the dam pursuant to chapter 535 of NAC.
5. Tailings impoundments by:
(a) Regrading to promote runoff and reduce infiltration;
(b) Placing a cover which, unless more or less protection is approved by the Division based on site characterization and best engineering judgment:
(1) Must be a minimum of 2 feet;
(2) Must include, without limitation, topsoil or growth medium; and
(3) May include, without limitation, waste rock;
(c) Revegetation of the recontoured surface area;
(d) Process fluid stabilization; and
(e) Constructing one or more stormwater diversions that are sufficient to withstand the runoff from a 24-hour storm event with a 500-year recurrence interval, unless more or less protection is approved by the Division based on site characterization and best engineering judgment.
6. Heap leach pads by:
(a) Except as otherwise provided in this paragraph, regrading to a final slope with a minimum horizontal-to-vertical ratio of 3H:1V. If a horizontal-to-vertical ratio of 3H:1V is not achievable due to a site-specific limitation, the Division may require, based on site characterization and best engineering judgment, regrading to a minimum achievable slope based on the site conditions in order to round off sharp edges, enhance stability, reduce susceptibility to erosion and facilitate efforts for revegetation.
(b) Placing a cover which, unless more or less protection is approved by the Division based on site characterization and best engineering judgment:
(1) Must be a minimum of 2 feet;
(2) Must include, without limitation, topsoil or growth medium; and
(3) May include, without limitation, waste rock.
(c) Revegetation of the recontoured surface area.
(d) Process fluid stabilization.
(e) Constructing one or more stormwater diversions that are sufficient to withstand the runoff from a 24-hour storm event with a 500-year recurrence interval, unless more or less protection is approved by the Division based on site characterization and best engineering judgment.
7. Solution ponds, settling ponds and other nontailings impoundments by:
(a) Backfilling and regrading to approximate the natural topography of the land before the land was affected; and
(b) Restoring the regime of the surface water to the regime that existed before the land was affected.
8. Buildings, foundations, facilities, structures and other equipment by:
(a) Demolishing to the level of the foundation and burying the demolished items on the site in conformance with applicable requirements for the disposal of solid waste;
(b) Ensuring that, unless more or less protection is approved by the Division based on site characterization and best engineering judgment:
(1) Any unbroken foundation that is to remain in place is covered with a minimum of 5 feet of waste rock, topsoil or growth medium; and
(2) Any broken foundation that is to remain in place is covered with a minimum of 3 feet of waste rock, topsoil or growth medium;
(c) Disposal off of the site in conformance with applicable requirements for the disposal of solid and hazardous waste; and
(d) Continuing use in a manner consistent with the postmining land use.
9. Open pit mines by:
(a) Performing activities that will provide for public safety;
(b) Stabilizing pit walls or rock faces where required for public safety;
(c) Constructing and maintaining berms, fences or other means of restricting access;
(d) Implementing measures to stabilize, manage, control or treat mine-impacted waters;
(e) Creating a lake for recreational use, wildlife or other uses; and
(f) Revegetation.
Reclamation of open pits or rock faces does not require backfilling although backfilling in whole or in part with waste rock from an adjacent mining operation may be encouraged if backfilling is feasible and does not create additional negative environmental impacts.
10. Underground mines by:
(a) Sealing shafts, adits, portals and tunnels to prevent access;
(b) Constructing and maintaining berms, fences or other means of restricting access; and
(c) Implementing measures to stabilize, manage, control or treat mine-impacted waters.
Added to NAC by Environmental Comm'n, eff. 9-19-90; A 9-5-91; R090-00, 7-27-2000; A by R052-15, eff. 12/21/2015; A by R086-21A, eff. 2/28/2022
NRS 519A.140, 519A.160