NAC: CHAPTER 513 - COMMISSION ON MINERAL RESOURCES; DIVISION OF MINERALS

[Rev. 12/19/2017 10:50:28 AM]

[NAC-513 Revised Date: 12-17]

CHAPTER 513 - COMMISSION ON MINERAL RESOURCES; DIVISION OF MINERALS

REGISTRATION AND RECORDS OF MINING OPERATIONS

513.010 Definitions.

513.020 “Administrator” defined.

513.030 “Mine” defined.

513.040 “Operator” defined.

513.050 “Person” defined.

513.060 Waiver or alteration of provisions.

513.070 Confidentiality of information.

513.080 Forms for submission of information.

513.090 Preparation and maintenance of records and reports.

513.100 Registration of mines.

513.110 Notice required to open or close mine.

513.120 Annual reports by operators.

DANGEROUS CONDITIONS CREATED BY ABANDONMENT OF MINES

513.200 Definitions.

513.205 “Administrator” defined.

513.210 “Animal” defined.

513.220 “Commission” defined.

513.230 “Dangerous condition” defined.

513.240 “Division” defined.

513.270 “Owner” defined.

513.280 “Person” defined.

513.290 “Responsible person” defined.

513.300 Scope.

513.310 Waiver of provisions.

513.315 Additional fee for certain filings required by Chapter 517 of NRS.

513.320 Assignment of points to dangerous condition.

513.330 Rating of location; modification of rating by Administrator.

513.340 Rating of degree of danger.

513.350 Dangerous condition causing fatality or injury.

513.360 Ranking of dangerous condition.

513.380 Period after notification to post warning sign and secure dangerous condition.

513.390 Methods for securing dangerous condition; approval by Administrator to modification of method.

REGISTRATION AND RECORDS OF MINING OPERATIONS

NAC 513.010 Definitions. (NRS 513.063) As used in NAC 513.010 to 513.120, inclusive, unless the context otherwise requires, the words and terms defined in NAC 513.020 to 513.050, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.020 “Administrator” defined. (NRS 513.063) “Administrator” means the Administrator of the Division of Minerals of the Commission on Mineral Resources.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.030 “Mine” defined. (NRS 513.063) “Mine” means:

1. Any area where:

(a) Development is conducted to prepare or open any deposit of minerals; or

(b) Minerals are extracted from a surface or subsurface deposit; or

2. Any beneficiation plant, mill, smelter, refinery or other facility used to treat or reduce any mineral or mineral commodity, whether or not contiguous to an area where exploitation or extraction of mineral commodities occurs.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.040 “Operator” defined. (NRS 513.063) “Operator” means any person operating, controlling or supervising a mine and owning the right to do so, and includes any person charged with the responsibility for the operation of a mine.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.050 “Person” defined. (NRS 513.063) “Person” means a natural person, any form of business or social organization and any other legal entity including, but not limited to, a corporation, partnership, association, trust, unincorporated organization, government, governmental agency or political subdivision of a government.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.060 Waiver or alteration of provisions. (NRS 513.063) The Administrator may waive or alter any provision of NAC 513.010 to 513.120, inclusive, if the intent of that provision would not be carried out by its strict application.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.070 Confidentiality of information. (NRS 513.063)

1. Except as otherwise provided in subsection 4, any information submitted to the Administrator pursuant to the provisions of NAC 513.010 to 513.120, inclusive, may be classified as confidential by the person submitting the information. If the person submitting the information wishes the Administrator to consider the information confidential, the claim must be asserted at the time of submission by stamping or writing “confidential business information” on each page containing the information.

2. If a claim is asserted, the information so kept must remain confidential except that the information may be used in connection with other data if use of that information would not disclose the identity of the confidential information.

3. If a claim is not made at the time of submission, the Administrator may make the information available to the public without further notice.

4. The Administrator will not classify as confidential any information required to be submitted to him or her pursuant to the provisions of NAC 513.010 to 513.120, inclusive, if the information relates to:

(a) The name and address of the person conducting the operation of the mine;

(b) The annual production of the commodity;

(d) The number of persons employed by a mine.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.080 Forms for submission of information. (NRS 513.063) The information required pursuant to the provisions of NAC 513.010 to 513.120, inclusive, must be submitted on forms provided by the Administrator.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.090 Preparation and maintenance of records and reports. (NRS 513.063) Each operator shall prepare and maintain such records and reports as the Administrator may require.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.100 Registration of mines. (NRS 513.063) Each operator of a mine which:

1. Is in operation on February 18, 1988, shall submit to the Administrator a completed form for registration within 90 days after February 18, 1988.

2. Begins operations after February 18, 1988, shall submit to the Administrator a completed form for registration within 30 days after the date on which operations began.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.110 Notice required to open or close mine. (NRS 513.063)

1. Each operator shall notify the Administrator, in writing, before opening or closing a mine.

2. The notice must include:

(a) The name and location of the mine;

(b) The name, address and telephone number of the owner of the mine;

(d) If opening a mine, a statement whether the operation of the mine will be continuous or intermittent; and

(e) If closing a mine, a statement whether the closing of the mine is temporary or permanent.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

NAC 513.120 Annual reports by operators. (NRS 513.063) On or before April 15 of each year, each operator shall submit to the Administrator a report relating to the annual status and production of the mine for the preceding calendar year.

(Added to NAC by Comm’n on Mineral Resources, eff. 2-18-88)

DANGEROUS CONDITIONS CREATED BY ABANDONMENT OF MINES

NAC 513.200 Definitions. (NRS 513.094) As used in NAC 513.200 to 513.390, inclusive, unless the context otherwise requires, the words and terms defined in NAC 513.205 to 513.290, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88; A by R069-99, 8-19-99)

NAC 513.205 “Administrator” defined. (NRS 513.094) “Administrator” means the Administrator of the Division.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88) — (Substituted in revision for NAC 513.250)

NAC 513.210 “Animal” defined. (NRS 513.094) “Animal” means any member of the bovine, equine, porcine or caprine species as well as dogs, cats or other animals under the restraint or control of a person.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.220 “Commission” defined. (NRS 513.094) “Commission” means the Commission on Mineral Resources.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.230 “Dangerous condition” defined. (NRS 513.094) “Dangerous condition” means a condition resulting from mining practices which took place at a mine that is no longer operating or its associated works that could reasonably be expected to cause substantial physical harm to persons or animals.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.240 “Division” defined. (NRS 513.094) “Division” means the Division of Minerals of the Commission on Mineral Resources.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.270 “Owner” defined. (NRS 513.094) “Owner” means the owner of real property who is shown to be the owner on records located in the courthouse of the county in which the real property is located.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.280 “Person” defined. (NRS 513.094) “Person” means a natural person.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.290 “Responsible person” defined. (NRS 513.094) “Responsible person” means the owner of a patented claim or the claimant of an unpatented claim.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.300 Scope. (NRS 513.094) The provisions of NAC 513.200 to 513.390, inclusive, apply to all owners or other responsible persons for dangerous conditions on private or public land.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.310 Waiver of provisions. (NRS 513.094) Upon the approval of the Administrator, the Division may grant a waiver from any provision of NAC 513.200 to 513.390, inclusive, if the waiver does not defeat the purpose of NRS 513.094.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.315 Additional fee for certain filings required by Chapter 517 of NRS. (NRS 513.063, 513.094) The amount of the additional fee that is imposed on filings pursuant to subsection 1 of NRS 513.094 is $4 per claim.

(Added to NAC by Comm’n on Mineral Resources by R069-99, eff. 8-19-99; A by R080-01, 1-16-2002; R199-08, 8-26-2008, eff. 8-27-2008; R127-15, 6-28-2016)

NAC 513.320 Assignment of points to dangerous condition. (NRS 513.094) The Administrator or his or her representative shall assign a dangerous condition one to five points for the location of the condition and an additional one to five points for the degree of danger associated with the condition. The condition must then be ranked according to the total number of points for location and degree of danger.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.330 Rating of location; modification of rating by Administrator. (NRS 513.063, 513.094) The location of a dangerous condition must be rated in the following manner:

1. One point must be assigned to a dangerous condition located at least 5 miles from an occupied structure or a public road maintained by some governmental entity.

2. Two points must be assigned to a dangerous condition located between 1 and 5 miles from an occupied structure or a public road maintained by some governmental entity.

3. Three points must be assigned to a dangerous condition located 1/2 to 1 mile, inclusive, from a town.

4. Four points must be assigned to a dangerous condition located not more than 1/2 mile from a town or not more than 1 mile from an occupied structure or a public road maintained by some governmental entity.

5. Five points must be assigned to a dangerous condition located within a town or within 100 feet of an occupied structure or a public road maintained by some governmental entity.

Ê The Administrator or his or her representative may assign a different rating to a dangerous condition in a location if other factors affecting accessibility warrant the modification, but the rating for a dangerous condition in a single location may not be scored higher than five points.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88; A by R127-15, 6-28-2016)

NAC 513.340 Rating of degree of danger. (NRS 513.094) The degree of danger for a dangerous condition must be rated in the following manner:

1. One point must be assigned to a dangerous condition consisting of:

(a) A vertical or near vertical hole 8 to 20 feet, inclusive, in depth and highly visible upon approach;

(b) An inclined hole less than 50 feet deep from which a person could climb out;

(d) A high wall of an open pit.

2. Two points must be assigned to a dangerous condition consisting of:

(a) A vertical or near vertical hole 8 to 20 feet, inclusive, in depth which is not visible upon approach;

(b) Any vertical or near vertical hole 20 to 50 feet, inclusive, in depth; or

(c) Any inclined hole greater than 50 feet deep from which a person could climb out with no associated stopes, winzes or raises.

3. Three points must be assigned to a dangerous condition consisting of:

(a) Any vertical or near vertical hole 50 to 100 feet, inclusive, in depth; or

(b) Any horizontal or inclined hole with associated stopes, winzes or raises with less than a 20-foot vertical opening.

4. Four points must be assigned to a dangerous condition consisting of:

(a) Any vertical or near vertical hole which is at least 100 feet deep and visible upon approach; or

(b) Any horizontal or inclined hole with associated stopes, winzes or raises with a vertical opening greater than 20 feet.

5. Five points must be assigned to a dangerous condition consisting of any vertical or near vertical hole which is at least 100 feet deep and not visible upon approach.

Ê The Administrator or his or her representative may assign a higher degree of danger to a dangerous condition if other factors such as loose ground or the presence of water increase the danger, but the degree of danger for a single dangerous condition may not be scored higher than five points.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.350 Dangerous condition causing fatality or injury. (NRS 513.094) Any dangerous condition that has been the cause of a documented fatality or injury must be ranked as a high hazard, regardless of its numerical score.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88)

NAC 513.360 Ranking of dangerous condition. (NRS 513.063, 513.094) Dangerous conditions must be ranked as follows:

1. A dangerous condition with a total number of two or three points is a minimal hazard;

2. A dangerous condition with a total number of four or five points is a low hazard;

3. A dangerous condition with a total number of six or seven points is a moderate hazard; and

4. A dangerous condition with a total number of at least eight points is a high hazard.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88; A by R127-15, 6-28-2016)

NAC 513.380 Period after notification to post warning sign and secure dangerous condition. (NRS 513.063, 513.094) If notified by the Commission of the existence of a dangerous condition, the owner or responsible person shall:

1. Post within 180 days a warning sign in a prominent location near a dangerous condition ranked as a minimal hazard; and

2. In the manner prescribed in NAC 513.390:

(a) Secure within 180 days a dangerous condition ranked as a low hazard;

(b) Secure within 120 days a dangerous condition ranked as a moderate hazard; and

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88; A by R127-15, 6-28-2016)

NAC 513.390 Methods for securing dangerous condition; approval by Administrator to modification of method. (NRS 513.063, 513.094)

1. Except as otherwise provided in subsection 4, a dangerous condition ranked as a low, moderate or high hazard must be secured by one or more of the following:

(a) A barricade or other structure, including, without limitation, a structure consisting of metal posts and four strands of barbed wire, or other durable materials, constructed to prevent a person or animal from accidentally exposing himself or herself to the dangerous condition.

(b) Permanently anchored seals constructed of material not subject to rapid decomposition and, if used to secure a vertical opening, strong enough to support the weight of any person or animal.

2. In addition to securing a dangerous condition pursuant to subsection 1, if the dangerous condition ranked as a low, moderate or high hazard is secured only by the method set forth in paragraph (a) of subsection 1, the owner or responsible person must post a warning sign in a prominent location near the dangerous condition. The warning sign must be posted within the period set forth in subsection 2 of NAC 513.380 for securing the dangerous condition.

3. Regardless of the method used pursuant to subsection 1 to secure a dangerous condition, the owner or responsible person shall maintain the integrity of that structure.

4. The Administrator or his or her representative may approve the modification of a method of securing a dangerous condition to accommodate features or characteristics that are specific to the location of the dangerous condition.

(Added to NAC by Comm’n on Mineral Resources, eff. 12-21-88; A by R127-15; 6-28-2016)