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ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

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TOPIC<br />

Bonding<br />

Closure and<br />

Bond<br />

Release<br />

NEPA<br />

Arizona Mining Permitting Guide<br />

FOREST SERVICE BUREAU OF LAND MANAGEMENT<br />

Plan of Operations are described<br />

at 36 CFR 228.4 (c).<br />

A plan of operations can be<br />

submitted initially and<br />

independently of a notice if<br />

significant disturbance of surface<br />

resources is anticipated by the<br />

proponent.<br />

Any operator who conducts<br />

operations under an approved<br />

plan of operations will be<br />

required to furnish a bond in an<br />

amount specified by the<br />

authorized officer. In calculating<br />

bonds, the authorized officer<br />

shall consider the estimated cost<br />

of stabilizing, rehabilitating and<br />

reclaiming areas disturbed by the<br />

operations.<br />

The operator and agency should<br />

ensure that all requirements of<br />

the approved Plan of Operation<br />

are met and that the<br />

environmental effects of the<br />

operations are as predicted in the<br />

NEPA document. When all or<br />

part of reclamation has been<br />

completed in accordance with the<br />

approved plan, the authorized<br />

officer may release that portion<br />

of the reclamation bond which<br />

covers the work, providing it<br />

meets standards established in the<br />

Plan of Operations.<br />

Forest Service mining regulations<br />

contain guidelines for<br />

environmental protection, (36<br />

CFR 228.8) and require the<br />

Forest Service to conduct an<br />

analysis which meets NEPA<br />

requirements. This analysis is the<br />

35<br />

activities which occur in a Wilderness,<br />

Wilderness-Study Area, Wild-and-Scenic River,<br />

etc. need a Plan of Operation regardless of their<br />

size or type 43 CFR 3809.11.<br />

If you conduct operations under a notice or a<br />

plan of operations then you must provide BLM<br />

or the State a financial guarantee that meets the<br />

requirements of this subpart before starting<br />

operations. 43 CFR 3809.551 through<br />

3809.573.<br />

The operator and agency should ensure that all<br />

requirements of the notice or approved plan are<br />

met. When all of these conditions are met, the<br />

authorized officer will release the bond.<br />

3809 regulations require that at a minimum, an<br />

Environmental Assessment (EA) is to be<br />

prepared for all plans of operation to determine<br />

if an EIS is required. No NEPA review<br />

required for casual use or Notice level<br />

operations. Unless those operations involve<br />

occupancy as defined by 43 CFR 3715. Any

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