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Arkansas Code Title 15. Natural Resources and Economic Development § 15-57-404. Notification of intent to quarry

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) Except for operators of quarries excluded by § 15-57-403(b), any operator desiring to engage in quarrying shall complete a notification of intent to quarry which when submitted to the Division of Environmental Quality by certified mail will entitle said operator to conduct quarry operations.

(2)(A) For all active quarries, as of January 1, 1998, a notification of intent must be on file or in process at the division.

(B) For all new quarries to be opened after January 1, 1998, a notification of intent must be on file or in process at the division before the operator may begin quarry operations.

(3) The notification shall be accompanied by the payment of a fee of two hundred fifty dollars ($250).

(4) The submittal shall be an agreement between the operator and the division.

(5) The operator shall pay an annual fee to the division in the amount of twenty-five dollars ($25.00) per acre of affected land, not to exceed one thousand dollars ($1,000) per quarry.

(6) The notification of intent shall include one (1) copy of the following:

(A) The company name, officers, majority of ownership, on-site superintendents, addresses, name of quarry, phone numbers, anticipated start up and shut down dates;

(B) The following right to quarry, signed and notarized:

“I, the operator of [quarry name] located at [legal description in ____________________ county], have the legal right by deeds, leases, or other instruments to conduct quarry operations for commercial and other purposes at this location. I will comply with all state and federal laws, rules, and regulations in this operation.

_____________________________________

 

_____________________________________

Company Name

President

_____________________________________

Secretary”;

(C) A location map which contains the following:

(i) A seven-and-a-half-foot topographic quad map as prepared by the United States Geological Survey;

(ii) Clearly marked legal boundaries of area to be quarried;

(iii) Clearly defined entrances onto public roads;

(iv) Present use of the property; and

(v) A legal description;

(D) A five-year quarry operation map which contains the following:

(i) Scaled dimensions, that is, one to two hundred (1:200);

(ii) Approximate property boundaries;

(iii) The location and identification of all affected lands to the nearest acre, anticipated for up to five (5) years;

(iv) All pertinent manmade and natural structures including the plant location and the location of safeguarding items as required by § 15-57-410;

(v) Location of topsoil and spoil stockpiles;

(vi) Entrances onto public roads; and

(vii) Areas of natural rock exposure (no topsoil or spoil); and

(E) Notification of intent to reclaim quarry:

“I, operator of [quarry name] located at [legal description in ____________________ County], agree to reclaim said described quarry in conformance with the Arkansas Quarry Operation, Reclamation, and Safe Closure Act, when the quarry is exhausted.

_____________________________________

 

_____________________________________

Company Name

President

_____________________________________

Secretary”.

(b) The operator's financial plan for reclamation will include:

(1) An estimate of reclamation cost; and

(2) An acceptable bond or substitute security.

(c) All operators will have sixty (60) days to correct any errors or omissions to a notification of intent if notified by the division that a notification of intent is incomplete.

(d) A fine of not more than one hundred dollars ($100) per day, per citation, may be levied against an operator whose notification of intent is not completed and on file in the division within sixty (60) days after receipt of notice by the division of errors and omissions in the first filing. The maximum fine is five thousand dollars ($5,000).

(e) A fine of not more than one hundred dollars ($100) per day, per citation, may be levied against operators which are found to be out of compliance with these requirements. The maximum fine is five thousand dollars ($5,000).

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Cite this article: FindLaw.com - Arkansas Code Title 15. Natural Resources and Economic Development § 15-57-404. Notification of intent to quarry - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-15-natural-resources-and-economic-development/ar-code-sect-15-57-404/

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