Utah Admin. Code R643-877-100 - Scope
The rules under R643-877 establish procedures for entry upon lands or property by the Division for reclamation purposes.
110. Written Consent for Entry. Written
consent from the owner of record and lessee, or their authorized agents, is the
preferred means for obtaining agreements to enter lands in order to carry out
reclamation activities. Nonconsentual entry will be undertaken only after good
faith efforts to obtain written consent have failed.
120. Entry for Studies or Exploration. The
state or its agents, employees, or contractors, will have the right to enter
upon any property for the purpose of conducting studies or exploratory work to
determine the existence of adverse effects of past mining practices and the
feasibility of restoration, reclamation, abatement, control, or prevention of
such adverse effects.
130. Entry
and Consent to Reclaim.
131. The
Division will take all reasonable actions to obtain written consent from the
owner of record of the land or property to be entered in advance of such entry.
The consent will be in the form of a signed statement by the owner of record or
his authorized agent which, as a minimum, includes a legal description of the
land to be entered, the projected nature of work to be performed on the lands
and any special conditions for entry. The statement will not include any
commitment by the state to perform reclamation work nor to compensate the owner
for entry.
132. The Division will
give notice of its intent to enter for purposes of conducting reclamation at
least 30 days before entry upon the property. The notice will be in writing and
will be mailed, return receipt requested, to the owner, if known, with a copy
of the findings required by R643-877. If the owner is not known, or if the
current mailing address of the owner is not known, notice will be posted in one
or more places on the property to be entered where it is readily visible to the
public and advertised once in a newspaper of general circulation in the
locality in which the land is located. The notice posted on the property and
advertised in the newspaper will include a statement of where the findings
required by R643-877 may be inspected or obtained.
133. If consent is not obtained, then, prior
to entry under R643-877, the Board will find in writing with supporting reasons
that:
133.100. Land or water resources have
been or may be adversely affected by past mining practices;
133.200. The adverse effects are at a state
where, in the interest of the public health, safety, or the general welfare,
action to restore, reclaim, abate, control, or prevent should be taken;
and
133.300. The owner of the land
or water resources where entry must be made to restore, reclaim, abate,
control, or prevent the adverse effects of past coal mining practices is not
known or readily available, or the owner will not give permission for the
Division, its agents, employees, or contractors to enter upon such property to
restore, reclaim, abate, control, or prevent the effects of past mining
practices.
140. Entry
for Emergency Reclamation.
141. The
Division, its agents, employees, or contractors will have the right to enter
upon any land where an emergency exists and on any other land to have access to
the land where the emergency exists to restore, reclaim, abate, control, or
prevent the adverse effects of mining practices and to do all things necessary
to protect the public health, safety, or general welfare.
142. Prior to entry under R643-877, the Board
will, after notice and hearing, make a finding of fact in accordance with
Section 40-10-27 of the Act.
Notes
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No prior version found.