Utah Admin. Code R645-106-200 - Application Requirements and Procedures
210. Date and Time Requirements.
211. Any person who plans to commence or
continue coal extraction after July 1, 1992, under the Utah coal regulatory
program, in reliance on the incidental mining exemption shall file a complete
application for exemption with the Division for each mining area.
212. Following incorporation of an exemption
application approval process into the Utah coal regulatory program, a person
may not commence coal extraction based upon the exemption until the Division
approves such application, except as provided in R645-106-253.
220. Existing operations. Any person who has
commenced coal extraction at a mining area in reliance upon the incidental
mining exemption prior to July 1, 1992, may continue mining operations for 60
days after such effective date. Coal extraction may not continue after such
60-day period unless that person files an administratively complete application
for exemption with the Division. If an administratively complete application is
filed within 60 days, the person may continue extracting coal in reliance on
the exemption beyond the 60-day period until the Division makes an
administrative decision on such application.
230. Additional information. The Division
shall notify the applicant if the application for exemption is incomplete and
may at any time require submittal of additional information.
240. Public comment period. Following
publication of the newspaper notice required by R645-106-319., the Division
shall provide a period of no less than 30 days during which time any person
having an interest which is or may be adversely affected by a decision on the
application may submit written comments or objections.
250. Exemption determination.
251. No later than 90 days after filing of an
administratively complete application, the Division shall make a written
determination whether, and under what conditions, the persons claiming the
exemption are exempt under R645-106, and shall notify the applicant and persons
submitting comments on the application of the determination and the basis for
the determination.
252. The
determination of exemption shall be based upon information contained in the
application and any other information available to the Division at that
time.
253. If the Division fails to
provide an applicant with the determination as specified in R645-106-251, an
applicant who has not begun may commence coal extraction pending a
determination on the application unless the Division issues an interim finding,
together with reasons therefor, that the applicant may not begin coal
extraction.
260. Administrative
review.
261. Any adversely affected
person may request administrative review of a determination under R645-106-250
within 30 days of the notification of such determination in accordance with
procedures established under the R641 rules and
R645-300-200.
262. A petition for administrative review
filed under
R645-300-200 shall not suspend the effect of a determination under R645-106-250.
Notes
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