Utah Admin. Code R647-4-102 - Duration of the Notice of Intention and Withdrawal of Approval

1. The approved notice of intention, including any subsequently approved amendments or revisions, shall remain in effect for the life of the mine unless the Board or Division withdraws the approval in accordance with R647-4-102.2. The Division may review the permit and require updated information and modifications when warranted.

2. An approved notice of intention may be withdrawn, after notice and opportunity for Board hearing, if:

2.11. The operator fails to pay permit fees required by R647-4-101.5;

2.12. The operator fails to maintain and update reclamation surety as required by the Act.

2.13. After commencing mining operations, the operator substantially fails to perform reclamation or conduct mining operations so that reclamation can be accomplished in accordance with the approved mining and reclamation plan; or

2.14. There have been no mining operations on the land affected for a continuous period in excess of five (5) years, and either the operator is not authorized to remain in suspension under R647-4-117.6, or that operations have been shut down for the entire period.

2.15. If after notice, the operator fails to timely request a hearing before the Board, the Division may, in accordance with R647-4-1-2.2, withdraw an approved notice of intention.

2.16. If the operator requests a hearing before the Board, the Board shall conduct the hearing de novo, and the Division may not withdraw an approved notice of intention until conclusion of the hearing, and the Board issues an order to withdraw the notice of intention.

3. If a notice of intention is withdrawn, the Division will notify the operator in writing that it must commence complete reclamation work within 90 days and diligently proceed with such work as directed by the Division.

Notes

Utah Admin. Code R647-4-102

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