Utah Admin. Code R645-103-200 - Areas Designated by Act of Congress
210. Scope. The rules in R645-103-200 establish the procedures to be used by the Division to determine whether a
proposed coal mining and reclamation operation can be authorized in light of
the mandatory prohibitions set forth in the Act and Federal Act.
220. Federal Lands. The authority to make
determinations of unsuitability on federal lands is reserved to the Secretary
pursuant to Section 523(a) of the Federal Act.
221. Valid Existing Rights (VER). VER
determinations on federal lands will be performed in a manner consistent with
the terms of a cooperative agreement between the Secretary and Utah pursuant to
section 523(c) of the Federal Act.
222. VER determinations on nonfederal lands
which affect adjacent federal lands will be performed in a manner consistent
with the terms of the cooperative agreement referenced in
R645-103-221.
223. On federal lands
within the boundaries of a national forest the Division will be responsible for
coordination with the Secretaries of Interior and Agriculture, as appropriate,
to ensure that mining is permissible under
30
CFR 761.11(b) and Section
522(e)(2) of the Federal Act.
224.
Coal mining and reclamation operations may not be conducted on the following
lands unless there are VER, as determined under R645-103-231.100, or qualify
for the exception for existing operations under R645-103-225:
224.100. Any lands within the boundaries of
the National Park System; the National Wildlife Refuge System; the National
System of Trails; the National Wilderness Preservation System; the Wild and
Scenic Rivers System, including study rivers designated under section 5(a) of
the Wild and Scenic Rivers Act,
16
U.S.C. 1276(a), or study
rivers or study river corridors established in any guidelines issued under that
Act; or National Recreation Areas designated by Act of Congress;
224.200. Any Federal lands within a national
forest. This prohibition does not apply if the Secretary finds that there are
no significant recreational, timber, economic, or other values that may be
incompatible with surface coal mining operations, and:
224.210. Any surface operations and impacts
will be incident to an underground coal mine; or
224.220. With respect to lands that do not
have significant forest cover within national forests west of the 100th
meridian, the Secretary of Agriculture has determined that surface mining is in
compliance with the Federal Act, the Multiple-Use Sustained Yield Act of 1960,
16
U.S.C. 528 -
531; the Federal Coal
Leasing Amendments Act of 1975,
30
U.S.C. 181 et seq.; and the National Forest
Management Act of 1976,
16 U.S.C.
1600 et seq;
224.300. Any lands where the operation would
adversely affect any publicly owned park or any place in the National Register
of Historic Places. This prohibition does not apply if, as provided in
R645-103-236, the Division and the Federal, State, or local agency with
jurisdiction over the park or place jointly approve the operation;
224.400. Within 100 feet, measured
horizontally, of the outside right-of-way line of any public road. This
prohibition does not apply:
224.410. Where a mine access or haul road
joins a public road, or
224.420.
When, as provided in R645-103-234, the Division (or the appropriate public road
authority designated by the Division) allows the public road to be relocated or
closed, or the area within the protected zone to be affected by the coal mining
and reclamation operation, after:
224.421. Providing public notice and
opportunity for a public hearing; and
224.422. Finding in writing that the
interests of the affected public and landowners will be protected;
224.500. Within 300 feet, measured
horizontally, of any occupied dwelling. This prohibition does not apply
when:
224.510. The owner of the
dwelling has provided a written waiver consenting to coal mining and
reclamation operations within the protected zone, as provided in R645-103-235;
or
224.520. The part of the
operation to be located closer than 300 feet to the dwelling is an access or
haul road that connects with an existing public road on the side of the public
road opposite the dwelling;
224.600. Within 300 feet, measured
horizontally, of any public building, school, church, community or
institutional building, or public park; or
224.700. Within 100 feet, measured
horizontally, of a cemetery. This prohibition does not apply if the cemetery is
relocated in accordance with all applicable laws and regulations.
225. VER determinations for land
are not required where an existing operation meets the requirements of
30 CFR
761.12.
230. Procedures.
231. Upon receipt of an administratively
complete application for a permit to conduct coal mining and reclamation
operations, or an administratively complete application for a revision of the
boundaries of a permit to conduct coal mining and reclamation operations, the
Division will review the application to determine whether the proposed coal
mining and reclamation operation would be located on any lands protected under
R645-103-224.
231.100. The Division will
follow
30
CFR 761.16 for determining state/federal
responsibility for determinations, establishing application requirements,
evaluation procedures and decision-making criteria for VER determinations,
providing for public participation and notification of affected parties, and
establishing requirements for the availability of records.
232. The Division will reject any portion of
the application that would locate coal mining and reclamation operations on
land protected under R645-103-224 unless:
232.100. The site qualifies for the exception
for existing operations under R645-103-225;
232.200. A person has VER for the land, as
determined under R645-103-231-100;
232.300. The applicant obtains a waiver or
exception from the prohibitions of R645-103-224 in accordance with
R645-103-237, R645-103-234, and R645-103-235; or
232.400. For lands protected by
R645-103-224.300, both the Division and the agency with jurisdiction over the
park or place jointly approve the proposed operation in accordance with
R645-103-236.
233. If the
Division is unable to determine whether the proposed activities are located
within the boundaries of any of the lands listed in R645-103-224.100 or within
the specified distance from a structure or feature listed in R645-103-224.600
or R645-103-224.700, the Division must request that the federal, Utah, or local
governmental agency with jurisdiction over the protected land, structure, or
feature verify the location. The Division will transmit a copy of the relevant
portions of the permit application to the appropriate federal, Utah, or local
government agency for a determination or clarification of the relevant
boundaries or distances, with a notice to the appropriate agency that it has 30
days from receipt of the request in which to respond. The Division, upon
request by the appropriate agency, will grant an extension to the 30-day period
of an additional 30 days. However, the Division's request for location
verification must specify that the Division will not necessarily consider a
response received after the 30-day period or the extended period granted. If no
response is received within the 30-day period, or within the extended period
granted, the Division may make the necessary determination based on the
information it has available.
234.
Procedures for relocating or closing a public road or waiving the prohibition
on coal mining and reclamation operations within the buffer zone of a public
road.
234.100. This section does not apply
to:
234.110. Lands for which a
person has VER, as determined under R645-103-231.100;
234.120. Lands within the scope of the
exception for existing operations in R645-103-225; or
234.130 Access or haul roads that join a
public road, as described in R645-103-224.410.
234.200 The applicant must obtain any
necessary approvals from the authority with jurisdiction over the road if the
applicant proposes to:
234.210.
Relocate a public road;
234.220.
Close a public road; or
234.230.
Conduct coal mining and reclamation operations within 100 feet, measured
horizontally, of the outside right-of-way line of a public road.
234.300. Before approving an action proposed
under R645-103-234.200, the Division, or a public road authority that it
designates, must determine that the interests of the public and affected
landowners will be protected. Before making this determination, the Division
must:
234.310. Provide a public
comment period and opportunity to request a public hearing in the locality of
the proposed operation;
234.320. If
a public hearing is requested, publish appropriate advance notice at least two
weeks before the hearing in a newspaper of general circulation in the affected
locality; and
234.330. Based upon
information received from the public, make a written finding as to whether the
interests of the public and affected landowners will be protected. If a hearing
was held, the Division must make this finding within 30 days after the hearing.
If no hearing was held, the Division must make this finding within 30 days
after the end of the public comment period.
235. Procedures for waiving the prohibition
on coal mining and reclamation operations within the buffer zone of an occupied
dwelling.
235.100. This section does not
apply to:
235.110. Lands for which
a person has VER, as determined under R645-103-231.100;
235.120. Lands within the scope of the
exception for existing operations in R645-103-225; or
235.130. Access or haul roads that connect
with an existing public road on the side of the public road opposite the
dwelling, as provided in R645-103-224.520.
235.200. Where the proposed coal mining and
reclamation operations would be conducted within 300 feet, measured
horizontally, of any occupied dwelling, the permit applicant will submit with
the application a written waiver by lease, deed, or other conveyance from the
owner of the dwelling, clarifying that the owner and signatory had the legal
right to deny mining and knowingly waived that right. The waiver will act as
consent to coal mining and reclamation operations within a closer distance of
the dwelling as specified.
235.300.
Where the applicant for a permit has obtained a valid waiver prior to August 3,
1977, from the owner of an occupied dwelling to conduct operations within 300
feet of such dwelling, a new waiver will not be required.
235.400. Where the applicant for a permit had
obtained a valid waiver from the owner of an occupied dwelling, that waiver
will remain effective against subsequent purchasers who had actual or
constructive knowledge of the existing waiver at the time of
purchase.
235.500. A subsequent
purchaser will be deemed to have constructive knowledge if the waiver has been
properly filed in public property records pursuant to Utah laws, or if coal
mining and reclamation operations have entered the 300-foot zone before the
date of purchase.
236.
Where the Division determines that the proposed coal mining and reclamation
operation will adversely affect any publicly owned park or any place included
in the National Register of Historic Places, the Division will transmit to the
federal, Utah, or local agency with jurisdiction over the publicly owned park
or National Register place, a copy of applicable parts of the permit
application, together with a request for that agency's approval or disapproval
of the activity, and a notice to that agency that it has 30 days from receipt
of the request within which to respond and that failure to interpose a timely
objection will constitute approval. The Division, upon request by the
appropriate agency, may grant an extension to the 30-day period of an
additional 30 days. Failure to interpose an objection within 30 days, or the
extended period granted, will constitute an approval of the proposed permit. A
permit for the coal mining and reclamation operation will not be issued unless
jointly approved by all agencies. The procedures for joint approval will not
apply to lands for which a person has VER as determined under R645-103-231.100
and lands within the scope of the exception for existing operations in
R645-103-225.
237. If the applicant
intends to rely upon the exception provided in R645-103-224.200 to conduct coal
mining and reclamation operations on federal lands within a national forest,
the applicant must request that the Division obtain the Secretarial findings
required by R645-103-224.200. The applicant may submit a request to the
Division before preparing and submitting an application for a permit or
boundary revision on Federal lands in national forests. The applicant must
explain how the proposed operation would not damage the values listed in the
definition of "significant recreational, timber, economic, or other values
incompatible with surface coal mining operations" in
30
CFR 761.5. The applicant must include a map
and sufficient information about the nature of the proposed operation for the
Secretary to make adequately documented findings. The Division may request that
the permit applicant provide additional information that the Division
determines is necessary in order to make the required findings. When a proposed
coal mining and reclamation operation or proposed boundary revision for an
existing coal mining and reclamation operation includes federal lands within a
national forest, the Division may not issue the permit or approve the boundary
revision before the Secretary makes the findings required by
R645-103-224.200.
238. If the
Division determines that the proposed coal mining and reclamation operation is
not prohibited under Section
40-10-24
of the Act and R645-103-200, it may nevertheless, pursuant to appropriate
petitions, designate such lands as unsuitable for all or certain types of coal
mining and reclamation operations pursuant to
R645-103-300 and
R645-103-400.
239. A determination by the Division that a
person holds or does not hold valid existing rights will be subject to
administrative and judicial review under
R645-300-200.
240. Interpretative Rule. As set forth in the
interpretative rule found at
30
CFR 761.200, subsidence due to underground
coal mining is not included in the definition of surface coal mining operations
under Section 701(28) of the Federal Act and Subsection
40-10-3(20) of the Act and therefore is not prohibited in areas protected under Section
522(e) of the Federal Act.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.