Well I am certainly no expert on mining operations but this is from the official Arizona gov agency. As I read this announcement and what they are doing then it is classified as a reclamation project. These fall under privately owned land and state owned land. There are no filings required if the land is less than five acres (legal exemption). CTDT purchased 4 acres - I am sure they chose 4 acres for a reason. It also states very clearly that permits are approved or disapproved in 120 days. (Moot point if they are exempt) Perhaps the 4 acre tract was a strategic decision to avoid the permitting process. Here is the section from the Arizona Land Management Authorities official PDF on the topic:
PERMITS AND AUTHORIZATION:
Mined Land Reclamation Plan
LEGAL AUTHORITY:
A.R.S. § 27-901 et seq.
A.A.C. R11-2-101 through R11-2-822
CONDITIONS REQUIRING PERMIT:
Reclamation plans, associated costs, and financial assurance mechanisms must be submitted
and approved for all metalliferous mining units and exploration operations with surface
disturbances on private lands greater than five acres. The amount of financial assurance is
based on the actual estimated costs of reclamation. Financial assurance can be provided in any
one of several forms, including: surety bond, certificate of deposit, cash deposit and corporate
guarantee.
EXEMPTIONS:
Smelting, refining, fabricating, or other metal processing facilities and materials associated
with these facilities are exempt. Surface disturbances located on state lands are exempt.
Surface disturbances created prior to and not active since January 1, 1986 are exempt. Surface
disturbances less than five acres in extent are exempt.
FEES:
A one-time submission fee, equal to three dollars per acre of surface disturbances covered by
the plan, is assessed. Substantial changes require an amendment to the plan with a fee. A
status report (yearly) is required within 60 days after the anniversary day which the original
plan was approved.
AVERAGE PROCESSING TIME:
Notification of administrative completeness or incompleteness is given within thirty days of
plan submittal. A plan is either approved or disapproved within 120 days of an
administratively complete determination.
FORMS:
www.asmi.az.gov/documents_forms/default.asp
17
Arizona Mining Permitting Guide
Private Lands
Aggregate Mined Land Reclamation Plan
Arizona State Mine Inspector (ASMI)
1700 West Washington Street, Suite 400
Phoenix, AZ 85007
602-542-5971
www.asmi.az.gov
PERMITS AND AUTHORIZATION:
Aggregate Mined Land Reclamation Plan
LEGAL AUTHORITY:
A.R.S § 27-1201 et seq.
CONDITIONS REQUIRING PERMIT:
Reclamation plans, associated costs, and financial assurance mechanisms must be
submitted and approved for all aggregate mining units and exploration operations with
surface disturbances on private lands greater than five acres. The term ‘aggregate’
includes cinders, crushed rock or stone, decomposed granite, gravel, pumice, pumicite
and sand. The amount of financial assurance is based on the actual estimated costs of
reclamation. Allowable financial assurance mechanisms include any or a combination of and
of several forms including surety bond, certificate of deposit, trust fund with pay-in period,
letter of credit, insurance policy, certificate of self-insurance, cash deposit with the state
treasurer, evidence of ability to meet a corporate financial test or corporate guarantees as
provided by 40 Code of Federal Regulations section 264.143(f), annuities, bonding pools,
additional financial assurance mechanisms that are acceptable to the inspector.
EXEMPTIONS:
Surface disturbances located on state lands are exempt. Surface disturbances created prior
to and not active since April 1, 1997 - are exempt. Surface disturbances less than five
acres in extent are exempt. Some specific government intermittent-use projects
disturbing less than 20 acres are exempt, if meeting qualifications per A.R.S. § 27-
1203.01.
FEES:
The state mine inspector may establish by rule a fee from the owner or operator of each
exploration operation and aggregate mining unit at the time the owner or operator
submits a plan.
AVERAGE PROCESSING TIME:
Notification of administrative completeness or incompleteness is given within thirty days
of plan submittal. A plan is either approved or disapproved within 120 days of an
administratively complete determination.
FORMS:
www.asmi.az.gov/documents_forms/default.asp
18
Arizona Mining Permitting Guide
State Lands - Locatable Minerals
Arizona State Land Department
1616 West Adams Street
Phoenix, AZ 85007
602-542-4631
www.land.state.az.us
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