Title 40 Mines and Mining
Chapter 8 Utah Mined Land Reclamation Act
Section 13 Notice of intention required prior to mining operations -- Assurance of reclamation required in notice of intention -- When contents confidential -- Approval of notice of intention not required for small mining operations -- Procedure for reviewing notice of intention.
40-8-13. Notice of intention required prior to mining operations -- Assurance of
reclamation required in notice of intention -- When contents confidential -- Approval of
notice of intention not required for small mining operations -- Procedure for reviewing
notice of intention.
(1) (a) Before any operator begins mining operations, or continues mining operations
pursuant to Section 40-8-23, the operator shall file a notice of intention for each individual
mining operation with the division.
(b) The notice of intention referred to in Subsection (1)(a) shall include:
(i) identification of all owners of any interest in a mineral deposit, including any
ownership interest in surface land affected by the notice;
(ii) copies of underground and surface mine maps;
(iii) locations of drill holes;
(iv) accurate area maps of existing and proposed operations; and
(v) information regarding the amount of material extracted, moved, or proposed to be
moved, relating to the mining operation.
(c) The notice of intention for small mining operations shall include a statement that the
operator shall conduct reclamation as required by rules promulgated by the board.
(d) The notice of intention for mining operations, other than small mining operations,
shall include a plan for reclamation of the lands affected as required by rules promulgated by the
board.
(2) The division may require that the operator rehabilitate, close, or mitigate the impacts
of each drill hole, shaft, or tunnel when no longer needed as part of the mining operation.
(3) Information provided in the notice of intention, and its attachments relating to the
location, size, or nature of the deposit that is marked confidential by the operator shall be
protected as confidential information by the board and the division and is not a matter of public
record unless the board or division obtains a written release from the operator, or until the mining
operation has been terminated as provided in Subsection 40-8-21(2).
(4) (a) Within 30 days from the receipt of a notice of intention, the division shall
complete its review of the notice and shall make further inquiries, inspections, or examinations
that are necessary to properly evaluate the notice.
(b) The division shall notify the operator of any objections to the notice and shall grant
the operator a reasonable opportunity to take action that may be required to remove the
objections or obtain a ruling relative to the objections from the board.
(5) Except for the form and amount of surety, an approval of a notice of intention for
small mining operations is not required.
(6) The notice of intention for mining operations other than small mining operations,
shall be reviewed as provided in this Subsection (6).
(a) Within 30 days after receipt of a notice of intention or within 30 days following the
last action of the operator or the division on the notice of intention, the division shall make a
tentative decision to approve or disapprove the notice of intention.
(b) The division shall:
(i) mail the information relating to the land affected and the tentative decision to the
operator; and
(ii) publish the information and the decision, in abbreviated form:
(A) one time only, in all newspapers of general circulation published in the county where
the land affected is situated; and
(B) in a daily newspaper of general circulation in Salt Lake City, Utah; and
(C) as required in Section 45-1-101.
(c) The division shall also mail a copy of the abbreviated information and tentative
decision to the zoning authority of the county in which the land affected is situated and to the
owner of record of the land affected.
(d) (i) Any person or agency aggrieved by the tentative decision may file a request for
agency action with the division.
(ii) If no requests for agency action are received by the division within 30 days after the
last date of publication, the tentative decision on the notice of intention is final and the division
shall notify the operator.
(iii) If written objections of substance are received, the division shall hold a formal
adjudicative proceeding.
(e) This Subsection (6) does not apply to exploration.
(7) Within 30 days after receipt of a notice of intention concerning exploration
operations other than small mining operations, the division will review the notice of intention
and approve or disapprove it.
Amended by Chapter 388, 2009 General Session
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