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.
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