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Published by: U.S. Department of the InteriorCompiled and Edited by: Arizona Department of Mines and MineralResourcesBureau of Land ManagementArizona State Office QG Edition May , 201 Arizona Mining Permitting GuideStack loading at heap leap operation, Morenci

ACKNOWLEDGMENTSTechnical review and comments from the following individuals and agencies is gratefullyacknowledged:Federal AgenciesArmy Corps of EngineersSallie McGuireBureau of Land ManagementJeff GarrettFederal CommunicationsCommissionDenise BeckmanFish and Wildlife ServiceDebra BillsForest ServiceMark SchwabMine Safety and HealthAdministrationDave BrownDepartment of Mines andMineral ResourcesDiane Bain - editorNyal NiemuthMadan M. SinghDepartment of RevenueLoretta BowdishChristie ComanitaLen HueglyDepartment of Water ResourcesLisa CasonMichael JohnsonMonica OrtizEmergency ResponseCommissionMark HowardCounty AgenciesApache CountyMilton OllertonCochise CountyCorinna CarbojalCarlos DiazCoconino CountyWilliam L. TowlerGila CountyJoe MendozaGraham CountyWill WrightGreenlee CountyMartha RoybalGame and Fish DepartmentGinger RitterLa Paz CountyKen OlkowskiGeological SurveyLee AllisonMichael ConwayMaricopa CountyDoug ErwinTom EwersCorporation CommissionJeff GrantOil and Gas ConservationCommissionSteve RauziMohave CountyTravis LingenfelterDepartment of AgricultureCarol ChanceyMike ReimerRadiation Regulatory AgencyAubrey GodwinArizona StateAgenciesBoard of Technical RegistrationLaVern DouglasDept. of Environmental QualityTom AdamsLorena AyanaTrevor BaggioreDebra L. DanielHenry DarwinMarnie GreenbieBret ParkeTheresa RigneyMichele RobertsonRobin ThomasDennis TurnerBalaji VaidyanathanState Land DepartmentJoe DixonStephen RossState Mine Inspector’s OfficeTim EvansGarrett FlemingLaurie SwartzbaughState MuseumElizabeth CordovaNancy PearsonState Parks DepartmentCarol GriffithNavajo CountyGreg LoperPima CountyMukonde ChamaPinal CountyBarbara CenalmoreSanta Cruz CountyAngelika OrtizYavapai CountyBoyce McDonaldYumaPat EddingtonPaul Melcher

Arizona Mining Permitting GuideTABLE OF CONTENTSSection 1Foreword and OverviewForeword: Bureau of Land Management . 2Disclaimer . 3Permitting Suggestions . 4Some Common Myths About Permitting . 6Overview of Major Federal Environmental Laws . 8Arizona Geological Survey . 14Section 2Land UsePrivate Lands .Mined Land Reclamation Plan .Aggregate Mined Lands Reclamation Plan .State Lands .Exploration Permit, Locatable Minerals .Mineral Leases, Locatable Minerals .Common Variety Mineral Materials, Salable Minerals .Federal Lands .Addresses and Phone Numbers .Bureau of Land Management (BLM) .Forest Service (F.S.) .County Recorders’ Offices .Mining Claims, all Federal Lands .BLM Notices, Plans of Operation and Occupancy .F. S. Notice of Intent to Operate and Plans of Operation .Surface Mining Regulations, F.S. and BLM .BLM Salable Minerals - Mineral Materials Contracts .F. S. Salable Minerals - Mineral Material Contracts .Leasing of Solid Minerals (Other than Coal or Oil Shale) .Coal Leasing on Federal Lands. .Bonding Requirements .County Aggregate Mining Operations Zoning Districts .Section 3Drilling and Water ice of Intention to Drill . 50Permit to Drill in Helium-producing Regions . 52Appropriations of Surface Water. 53Withdrawal and Use of Groundwater . 55Construction, Enlargement, Repair, Alteration, or Removal of Dams . 57

Arizona Mining Permitting GuideTABLE OF CONTENTSReclaimed Water Permit. 60Dry Well Registration. 62Injection Wells Used to Extract Minerals . 64Section 4Explosives, Fuel and OilManufacturer License or User Permit .Transportation of Explosives.Magazine Construction.Above-ground Fuel Storage Tanks.Underground Storage Tank - Notification.Underground Storage Tank - Closure Notification .Underground Storage Tanks - Release Reporting Requirements .Used Oil Collection Center - Registration.Used Oil Handlers - EPA Identification Number .Used Oil Handler - Quarterly Reports.Used Oil Burner - Annual Reports .Section 5Air Quality PermitsState Air Quality Control Permit .Maricopa County Air Quality Permit .Pima County Air Quality Control Permit .Pima County Activity Permit .Pinal County Unitary Air Quality Permit .Pinal County Open Burning Permit .Asbestos Demolition and Renovation .Section 6Water Quality PermitsIndividual Aquifer Protection Permit .208 Consistency Review .Section 401: State Water Quality Certification .AZPDES Permit (402 Permit) for Storm Water Discharges .AZPDES Permit (402 Permit) for Point Sources of Pollution .NPDES Permit for Activity on Tribal Lands .Section 404 Permit (Dredge and Fill) .Section 10 Permit (Rivers and Harbors) .Section 7Native 4106108110110113

Arizona Mining Permitting GuideTABLE OF CONTENTSNotice of Intent to Clear Land. 114Section 8Hazardous MaterialsGeneral Information .Bevill Amendment.Hazardous Waste, Treatment, Storage and Disposal Permit .EPA Identification Number.Risk Management Plan .Pollution Prevention Plan .Voluntary Remediation Plan .Hazardous Waste Management - Annual Registration .Toxic Data - Annual Report (Federal).Toxic Data - Annual Report (State).Special Waste Annual Report .118118122124125126128130131133135Section 9Waste DisposalSolid Waste or Special Waste Facilities Plan . 138Solid Waste Notification . 140Burial of Mining Industry Off-Road Motor Vehicle Waste Tires . 142Section 10Drinking and Waste Water PermitsApproval for Individual Wastewater On-Site Disposal System .Water and/or Wastewater Facilities - Approval of Construction .Water and/or Wastewater Facilities - Approval to Operate .Pima County - Drinking Water Permit .144146148149Section 11Flood Control and Building CodesCounty Addresses.151Building Codes and Flood Control. 152Maricopa County Mining Exemption . 153Yavapai County Mining Exemption . 154Section 12Mine Health and SafetyState Regulatory Requirements, Notice of Start Up . 156Federal Regulatory Requirements, Administrative Form 2000-7 . 158

Arizona Mining Permitting GuideTABLE OF CONTENTSSection 13WildlifeArizona Game and Fish Department . 160Endangered Species Act Consultation. 161Section 14Cultural ResourcesPrivate Lands . 164State Lands . 165Federal Lands . 168Section 15Nuclear RegulationUranium Milling License . 171Authority to Process Radioactive Tailings . 172Section 16CommunicationRadio Station License, Wireless Communication . 174Section 17Taxes, Incorporation and Professional RegistrationTransaction Privilege and Affiliated Excise Tax License .Severance Tax .Authority and Articles of Incorporation .Professional Registration.Section 18Index and Glossary176178179180Index . 182Glossary/Acronyms . 186

Arizona Mining Permitting GuideFOREWORD ANDOVERVIEWSection 11

Arizona Mining Permitting GuideForewordBureau of Land ManagementThe intent of this publication is to provide individuals and companies anticipating mineralexploration or mining in Arizona with a clear picture of the permitting process.This document is an honest attempt to present all the permits that may be required by amining operator in Arizona. Despite our best efforts, it is probably not complete. As anoperator, it is your responsibility to obtain all necessary permits. Guides such as this willhelp, but we recommend you contact the federal, state, county and local agencies in the areawhere you plan to locate your operations.In addition to listing and describing the permits you may need, we have also providedsuggestions on how to navigate the permitting process. Our suggestions focus on two crucialelements: 1) Have a good, well thought out exploration or mine plan, and 2) Communicatewith regulatory agencies. Communication is essential and will save you time, money, andfrustration in permitting your operations.The preparation of this text involved considerable effort. It is important that all of us,agencies, operators and concerned citizens alike - make an effort to keep it current andaccurate.As you begin to work with this document and you find data missing, inaccurate, or out ofdate, we ask you to relay this information to:Bureau of Land ManagementArizona State OfficeAttn: Mining Law Program LeadOne N. Central Avenue, Suite 800Phoenix, AZ 85004Ph: 602-417-9349Revised editions of this guide are anticipated as time, money and staff allow. The informationyou provide will insure that this document contains current, accurate facts.Finally, we would like to thank all of the contributing agencies for their valuable input.2

Arizona Mining Permitting GuideThis publication replaces the Arizona MiningSummit, Guide to Permitting Mining Operationsprinted in 1999.The digital edition of this document containsbookmarks to aid navigation.3

Arizona Mining Permitting GuidePermitting SuggestionsThe following procedures are highly recommended. Although not required by law or regulations,these steps will assure a greater degree of success in obtaining your necessary permits. As eachsituation has unique circumstances, some deviations from the following steps may be required.Step 1 Ask questions. This is the single most important step in the process. Before submitting anyapplications, consult with all of the permitting agencies to determine exactly what is requiredin a complete permit application. Inquire about background and baseline environmental data.This is very important because much of this data can only be collected over time, often duringspecific seasons and can greatly affect the operation start-up date.Step 2 Develop a thorough exploration or mine plan and project description. The exploration or mineplan should contain all of the information required for as many permit applications aspossible. Use this document as the basis for a single permit application package. Remember, itis better to send an agency more information about the project than is needed, rather than notenough. Incomplete applications ALWAYS SLOW DOWN THE PROCESS.Do not expect or depend on the permitting agency to do significant design or engineeringwork to complete your application. Agencies are generally staffed to perform review workand asking them to “fill in the blanks” in your design is often more work than they areprepared to handle.Assemble your exploration or mine plan in a three-ring binder. Further into the process, youwill be required to make changes and a 3-ring binder will make changing pages easy. Usedecimal page numbers (e.g. Page 1, 1.1, 2, 2.1 etc.). As changes are made, decimal pagenumbers will prevent you from changing the entire document simply to correct page numbers.For instance, if design elements on page 11 change, and this requires you to replace page 11with 3 pages, number them 11, 11.1, and 11.2. Simply submit these new pages with a coverletter to each agency that has a copy of your exploration or mine plan requesting that page 11be replaced with the new pages.As agencies review your exploration or mine plan it is a certainty that one or more of themwill require more information or will ask specific questions about your proposal. Be promptwith your response and provide all of the information requested. Remember, when an agencyasks for this type of information, your application is often “put on hold” until the informationis received.Step 3 Apply for as many permits as your operation may require as soon as possible. This isparticularly true for agencies that must employ a public notification and disclosure process aspart of the permitting process. Federal agencies are required to perform a NationalEnvironmental Policy Act (NEPA) review. This process, for example, is required by law4