1. Effective Dates, Applicability, Type of
Operations Affected:
1.11. Effective November
1, 1988, the following rules apply to all previously exempted mining operations
and to mining operations planning to commence, or resume operations within the
state of Utah. These rules will not apply to existing mining operations
approved prior to the effective date of these rules, or to notices of intention
or amendments filed prior to these rules. However, these rules will apply to
any revisions to an approved notice of intention filed subsequent to the
effective date of these rules.
1.12. Operators should refer to the section
of these rules which applies to the type of mining operation (e.g.,
exploration, small mining operation, or large mining operation) being conducted
or proposed.
1.13. These rules
apply to all lands within the state of Utah lawfully subject to its police
power, regardless of surface or mineral ownership, and regardless of the type
of mining operation conducted.
2. Cooperative Agreements/Memoranda of
Understanding: The Division of Oil, Gas and Mining (Division) will cooperate
with other state agencies, local governmental bodies, agencies of the federal
government, and private interests in the furtherance of the purposes of the
Utah Mined Land Reclamation Act. The Division is authorized to enter into
cooperative agreements and develop memoranda of understanding with agencies in
furtherance of the purposes of the Act. The objective is to minimize the need
for operators to undertake duplicative, overlapping, excessive, or conflicting
procedures.
3. Operator
Responsibilities, Compliance with other Local, State and Federal Laws:
The approval or acceptance of a complete notice of intention
shall not relieve an operator from his responsibility to comply with the
applicable statutes, rules, regulations, and ordinances of all local, state and
federal agencies with jurisdiction over any aspect of the operator's mining
operations, including, but not limited to: Utah State Division of Water Rights,
the Utah Department of Business Regulation, the Utah State Industrial
Commission, the Utah Department of Environmental Quality, the Utah Division of
State History, the Division of Forestry, Fire and State Lands, The School and
Institutional Trust Lands Administration, the Utah Division of Wildlife
Resources, the U. S. Fish and Wildlife Service, the United States Bureau of
Land Management, the United States Forest Service, the United States
Environmental Protection Agency, and local county or municipal
governments.
4. Division
Guidelines, Operator Assistance in Application Preparation:
Each operator who conducts mining operations on any lands
within the state of Utah is responsible for compliance with the following
rules. The Division shall provide guidelines to aid the operator in complying
with the rules.
