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Senate Engrossed House Bill
mine inspector; geological survey; authority |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2685 |
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An Act
amending title 27, chapter 1, article 1, Arizona Revised Statutes, by adding section 27-112; amending sections 27-1271 and 27-1273, Arizona Revised Statutes; relating to mining.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 27, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 27-112, to read:
27-112. Mapping; inventory; aggregate resources
A. The Arizona geological survey shall establish a map and inventory of all known areas that contain aggregate resources and all existing aggregate mining facilities in this state according to county.
B. On request of the state mine inspector, the state geologist shall update the maps and inventories of the aggregate resources of this state and include areas of aggregate resources discovered since the previous publication.
Sec. 2. Section 27-1271, Arizona Revised Statutes, is amended to read:
27-1271. Submission and contents of reclamation plan
A. Beginning January 1, 2006, an owner or operator may submit a single reclamation plan that covers multiple aggregate mining units of an aggregate mining facility.
B. The proposed reclamation plan shall include:
1. The names and addresses of the owner or operator and an individual who will be the regulatory contact.
2. A statement that the owner or operator assumes responsibility for the reclamation of surface disturbances that are attributable to the aggregate mining unit consistent with this chapter and the rules adopted pursuant to this chapter.
3. The current ownership and use of the land included in the aggregate mining unit.
4. The proposed postaggregate mining use of the land.
5. A description of the aggregate mining unit and the proposed surface disturbances that will be created.
6. The existing and proposed final topography, including the final slopes or configuration of overburden or waste rock stockpiles and fine areas.
7. A narrative description of roads that are proposed for the aggregate mining unit.
8. The acreage affected by each type of surface disturbance and a map of the aggregate mining unit area showing each surface disturbance. For previously undisturbed areas, the map shall identify any types of fish and wildlife habitats that will be disturbed.
9. The proposed reclamation measures that are necessary to achieve the postaggregate mining land use, including information concerning:
(a) The measures that will be taken to restrict public access to pits and other surface features that may be a hazard to public safety.
(b) The measures that will be taken to address erosion control and stability.
(c) The measures that will be taken to address revegetation, conservation and the care and monitoring of revegetated areas as provided in this chapter.
(d) For surface disturbances for which the proposed postaggregate mining land use objective is designated as grazing, fish or wildlife habitat, forestry or recreation, the type of wildlife or fish habitat to be encouraged, including measures that will be taken to encourage that type of wildlife or fish habitat, and that those measures will not be incompatible with the fish or wildlife habitat on adjacent lands.
10. A proposed tentative schedule for beginning surface disturbances and beginning and completing the reclamation measures.
11. The estimated costs to perform each of the proposed reclamation measures for the purposes of determining financial assurance requirements under article 5 of this chapter.
12. the distance in feet and the direction from the closest existing OCCUPIED RESIDENTIAL structures and AGGREGATE mining facility. For the PURPOSES of this paragraph, the distance shall be measured from the exterior of the occupied RESIDENTIAL STRUCTURE to the closest crest of excavation and includes any intermediate rights of way between the STRUCTURE and proposed FACILITY.
13. A STATEMENT THAT THE OWNER OR OPERATOR HAS PROVIDED A NOTICE OF THE PROPOSED RECLAMATION PLAN TO EACH RESIDENTIAL PROPERTY OWNER whose property is located WITHIN A ONE-HALF MILE RADIUS OF THE AGGREGATE MINING OPERATION AS SHOWN ON THE CURRENT PROPERTY TAX ROLL. THE NOTICE shall include the name and contact information of the owner or operator's designated representative who will respond to questions regarding the proposed reclamation plan.
Sec. 3. Section 27-1273, Arizona Revised Statutes, is amended to read:
27-1273. Approval; criteria
A. The state mine inspector shall approve a reclamation plan for aggregate mining units if the plan provides for reclamation measures for surface disturbances that are:
1. Necessary to achieve a safe and stable condition suitable for the postaggregate mining land use objectives stated in the reclamation plan.
2. Compatible with good engineering practices regarding erosion control and seismic activity for the applicable seismic zone.
B. In evaluating the reclamation plan, the inspector shall consider the technical and economic practicability of the proposed reclamation measures, taking into account the site-specific circumstances at the aggregate mining unit and the proposed postaggregate mining land use objectives as stated in the reclamation plan, including:
1. Grazing and other agricultural land use objectives.
2. Developed water resources, water management projects and planned and existing underground water storage facilities.
3. Fish or wildlife habitat.
4. Forestry.
5. Historic preservation.
6. Industrial or commercial uses, including tourism.
7. Recreational uses.
8. Residential uses.
9. Scientific or educational uses.
10. Aggregate mining or remining, except that the proposed postaggregate mining use of aggregate mining or remining does not relieve an owner or operator from complying with or implementing the reclamation plan requirements under this chapter.
11. Water course channelization.
12. Other appropriate postaggregate mining land use objectives.
c. In evaluating the reclamation plan, the inspector may consider comments from the state GEOLOGIST or any ELECTED OFFICIAL.
C. d. The postaggregate mining land use objective stated in the reclamation plan need not be the same use of the land that existed before the aggregate mining facility was located on the site.