Section 27.19.050. Exemption for small operations.

   (a) AS 27.19.030(a) and 27.19.040 do not apply to a mining operation
        (1) where less than five acres are mined at one location in any year and there is a cumulative unreclaimed mined area of less than five acres at one location; or
        (2) where less than five acres and less than 50,000 cubic yards of gravel or other materials are disturbed or removed at one location in any year and there is a cumulative disturbed area of less than five acres at one location.
   (b) To obtain an exemption under (a) of this section, a miner shall file a letter of intent notifying the commissioner of the
        (1) total acreage and volume of material to be mined;
        (2) total acreage to be reclaimed; and
        (3) reclamation measures to be used.
   (c) A miner exempt under (a) of this section shall file an annual reclamation statement with the commissioner disclosing the total acreage and volume of material mined by the operation in the current year, the total acreage reclaimed, and the specific reclamation measures used to comply with AS 27.19.020.  A miner does not qualify for an exemption under (a) of this section for subsequent operations unless the annual reclamation statement for the previous operation has been filed with the commissioner.
   (d) A miner exempted from the requirements of AS 27.19.030(a) and 27.19.040 under (a) of this section that fails to reclaim a mining operation to the standards of AS 27.19.020 is required for two consecutive years to conduct each subsequent mining operation, regardless of size, under an approved reclamation plan and to provide an individual financial assurance.

Authorities

27.19.030;27.19.070

Notes

Implemented As

11 AAC 97.250
11 AAC 97.500
11 AAC 97.510
11 AAC 97.600
11 AAC 97.610

References

11 AAC 97.250
11 AAC 97.300
11 AAC 97.400
11 AAC 97.500
11 AAC 97.510
11 AAC 97.610
AS 27.19.030 Reclamation plan.
AS 27.19.070 Violations.

History

(Sec. 1 ch 92 SLA 1990; am Sec. 3 ch 137 SLA 2004)