Utah Admin. Code R647-4-101 - Filing Requirements and Review Procedures
Prior to commencement of operations, a Notice of Intention to Commence Large Mining Operations (FORM MR-LMO) containing all the required information must be filed with and approved by the Division and the Division shall have approved the form and amount of reclamation surety.
1. Within 30 days after receipt of a Notice
of Intention, or within 30 days after receipt of any subsequent submittal, the
Division will complete its review and notify the operator in writing:
1.11. That the notice of intention is
complete; or
1.12. That the notice
of intention is incomplete, and that additional information as identified by
the Division will be required.
2. Within 30 days after receipt of the notice
of intention or within 30 days following the last action of the operator or
Division on the notice of intention, the Division shall reach a tentative
decision with respect to the approval or denial of the notice of intention.
Notice of the tentative decision will then be published in accordance with Rule R647-4-116.
3. Division approval of the notice of
intention and execution of the Reclamation Contract (FORM MR-RC) by the
operator shall bind the Division and the operator in accordance with the Act
and implementing regulations; and, shall enable the operator to conduct mining
and reclamation activities in accordance therewith.
4. The operator must notify the Division
within 30 days of beginning mining operations.
5. A permittee's retention of an approved
notice of intention shall require the paying of permit fees as authorized by
the Utah Legislature. The procedures for paying the permit fees are as follows:
5.11. The Division shall notify the operators
of record annually of the amount of permit fees authorized by the Utah
Legislature for the following notices of intention.
5.11.11. Large Mining Operations (less than
50 acres) (fees calculated on the disturbed acreage
permitted/bonded).
5.11.12. Large
Mining Operations (greater than 50 acres) (fees calculated on the disturbed
acreage permitted/bonded).
5.12. Fees are due annually by the deadline
in R647-4-121 for
reports.
5.13. A permittee may
avoid payment of the fee by complying with the following requirements:
5.13.11. A permittee will notify the Division
of a desire to close out a notice of intention by checking the appropriate box
of the permit fees billing form.
5.13.12. The permittee will then arrange with
the Division for an onsite inspection of the site to assure that all required
reclamation has been performed. If an inspection reveals that an area is not
yet suitably reclaimed, then a new billing notice will be issued and the
permittee will be given 30 days from the date of the onsite inspection to pay
the fee.
Notes
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