Utah Admin. Code R647-3-113 - Notification of Suspension or Termination of Operations

1. All mine operations are required to be maintained in a safe, clean, and environmentally stable condition. Active and inactive operations must continue to submit annual reports unless waived in writing by the Division.

2. The operator need not notify the Division of the suspension of small mining operations that does not exceed two (2) years.

3. In the case of a termination of mining operations or a suspension of mining operations that has exceeded, or is expected to exceed two (2) years, the operator shall:

3.11 Monitor and maintain the site in accordance with each requirement of the operation practices in R647-3-107.

3.12 Upon request, furnish the Division with such data as it may require to evaluate the status of the small mining operation, the status of compliance with these rules, and the probable future status of the land affected. Upon review of such data, the Division will take such action as may be appropriate. The Division may grant an extended suspension period beyond two years if warranted.

4. The operator shall give the Division prompt written notice of a suspension of small mining operations that has exceeded or is expected to exceed five (5) years, or of a shut down. Upon receipt of notification, the Division shall, within 30 days, arrange to inspect the property. The notice of suspension or shut down will include information about the status of the small mining operation, the status of compliance with these rules, the probable future status of the land affected, and if applicable the estimated date mining operations are to resume.

5. If the operator does not provide the notice required by R647-3-113.4, the Division shall serve written demand on the operator requiring that the operator provide the notice required by R647-3-113.4 within 30 days of receipt of the Division's demand letter.

6. An operator who has provided notice under R647-3-113.4 or R647-113.3, may remain in suspension so long as the operator:

6.11. Monitors the property as frequently as necessary, but no less than one time per year, to confirm the property is in a safe environmentally stable condition;

6.12. Maintains the property in a safe, environmentally stable condition in accordance with R647-3-107.1 through R647-3-107.4;

6.13. Maintains adequate reclamation surety; and

6.14. Continues to pay permit fees required by R647-3-101.5 and submits annual reports required by R647-3-117.

7. Small Mining operations that are in suspension for longer than five (5) years will be reevaluated on a regular basis and shall no less than every five years provide an update of the report required by R647-3-113.4 or .5 which shall be evaluated by the Division for compliance with requirements of R647-3-113.6.11 through 6.14.

8. The Division may require additional interim reclamation or stabilization measures reasonably necessary to ensure operator compliance with R647-3-113.6.12 for a small mining operation to remain in a continued state of suspension. In accordance with R647-3-113.5.12., the Division will periodically evaluate the reclamation surety for operations in suspension and require changes as needed.

9. The Division may, thirty (30) days after the operator's receipt of written notice and findings from the Division, determine mining operations are or have been shut down by demonstrating in written findings that the operator:

9.11. Failed to file the annual report under R647-3-117 and pay permit fees under R647-3-101.5; or

9.12. Failed to provide notice required by the Division under R647-3-113.4 and failed to respond to a request to file such notice under R647-3-117.5; or

9.13. Failed to maintain the property in a safe, environmentally stable condition in accordance with the requirements in R647-3-107.1 through 107.4 as applicable.

10. The operator may, within thirty (30) days of receipt of written notice and findings as set forth at 7.11, 7.12, or 7.13, provide a written justification for its failure or comply If the Division finds the justification to be reasonable, the failure to comply excusable, or no undue prejudice from the non-compliance, the determination of shut down shall be withdrawn. Neither this provision, nor a written justification, if any, shall serve to preclude, limit or otherwise prejudice any other administrative remedies or procedures available to an operator under applicable laws or rules.

11. An operator who ends a suspension and resumes mining operations shall notify the Division within a reasonable time after resuming mining operations that the operator has resumed mining operations. If operations have been in suspension for more than five (5) years, or were shut down for more than five (5) years, resumption of mining shall require compliance through R647-3-111.

Notes

Utah Admin. Code R647-3-113

Amended by Utah State Bulletin Number 2020-04, effective 2/10/2020