ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2685: mine inspector; geological survey; authority

Sponsor: Representative Bliss, LD 1

Committee on Natural Resources, Energy & Water

Overview

Requires the Arizona Geological Survey (AGS) to establish a map and inventory of all known areas that contain aggregate resources and all existing aggregate mining facilities in Arizona. Adds criteria that must be included in an aggregate mining unit reclamation plan.

History

The AGS provides information to the public on geology and offers advice on using mineral and land resources in Arizona. Its responsibilities include: 1) mapping geologic features; 2) providing objective information about Arizona's geologic character; 3) preparing data files with known earth fissures; and 4) maintaining a central database of reports, maps and other publications regarding Arizona's geology, mining and mineral resources. The State Geologist leads the AGS (A.R.S. §§ 27-102, 27- 103, 27-106).

The State Mine Inspector is required to approve a reclamation plan for aggregate mining units if the reclamation plan provides measures for surface disturbances that are: 1) necessary to achieve a safe and stable condition suitable for the post aggregate mining land use objectives stated in the plan; and 2) compatible with good engineering practices regarding erosion control and seismic activity for the applicable seismic zone. A single proposed reclamation plan can cover multiple mining units of an aggregate mining facility and must include specific information as outlined in statute (A.R.S. §§ 27-1271, 27-1273).

Aggregate mining means clearing or moving land using mechanized earth-moving equipment on privately owned property for aggregate development purposes. Aggregate mining involves mixing rock, sand or similar aggregate materials with water and cement (A.R.S. § 27-441).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires the AGS to establish a map and inventory of all known areas that contain aggregate resources and all existing aggregate mining facilities in Arizona according to county. (Sec. 1)

2.   Requires, on request of the State Mine Inspector, the State Geologist to update the maps and inventories of the aggregate resources of Arizona and include areas of aggregate resources discovered since the previous publication. (Sec. 1)

3.   Adds that a proposed reclamation plan must include:

a)   the distance in feet and the direction from the closest existing occupied residential structures and aggregate mining facility exterior; and

b)   a statement that the owner or operator has provided a notice of the plan to each residential property owner with property located within a one-half mile radius of the aggregate mining operation as shown on the current property tax roll. (Sec. 2)

4.   Details how the distance must be measured in the proposed reclamation plan. (Sec. 2)

5.   Specifies that the notice must be sent not less than 15 days before submitting the proposed reclamation plan and include a statement that the residential property owner can request a copy of the plan from the State Mine Inspector. (Sec. 2)

6.   Allows the State Mine Inspector to consider comments from the State Geologist or any elected official when evaluating a reclamation plan. (Sec. 3)

7.   Makes technical and conforming changes. (Sec. 2 and 3)

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11.                    HB 2685

12.  Initials EB           Page 0 Natural Resources, Energy & Water

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