Utah Admin. Code R652-21-502 - Feasibility Application

(1) An existing or prospective qualified Applicant, as defined in Section R652-3-200, shall submit a Feasibility Application on the form provided by the division.

(2) An Operator shall request a pre-filing meeting with the division and with the Division of Water Quality at least 30 days before submitting an application for a Feasibility Assessment.

(3) The division and Division of Water Quality may jointly waive or shorten the requirement for a pre-filing meeting request.

(4) Before the division and an Operator may enter into a Sampling Royalty Agreement, an Operator shall submit the following information in its Feasibility Application to the division:

(a) applicant information, including:

(i) legal name, permanent address, telephone number, and email address of the Operator;

(ii) name and permanent address of the Operator's registered agent in the Utah;

(iii) name, address, email address, and telephone number of the primary contact, including the person to whom requests for additional information should be addressed;

(iv) signature of the Operator, signed by an officer of the corporation, if applicable; and

(v) a description of the Operator's experience and knowledge predicating the Operator's ability to commercially produce elements or minerals from the brines of Great Salt Lake; and

(vi) information regarding the nature and status of any existing contractual disputes with the State, regulatory actions, or alleged noncompliance, including plans to resolve or remedy such disputes or alleged noncompliance;

(b) the requirements established in Subsection R317-16-3(4);

(c) Self-Certification the Operator's planned Feasibility Assessment operations will have no Negative Impact on the Biota and Chemistry of Great Salt Lake;

(d) additional project information, including:

(i) types of technology to be employed;

(ii) a detailed description of the Operator's plan and operations for extraction during the Feasibility Assessment;

(iii) identification of the Royalty Rate Deduction the Operator intends to pursue, if applicable;

(iv) anticipated surface use occupancy and ownership thereof, including a description of any infrastructure to be placed on Great Salt Lake sovereign land and a description of upland development necessary for operations;

(v) proof of Bonding for any disturbance during the Feasibility Assessment to sovereign land and uplands;

(vi) a description of the Operator's plan for any necessary reclamation action in the Feasibility Assessment area following termination of the Feasibility Assessment;

(vii) a detailed description of the Operator's plan for the location, processing, and storage of Great Salt Lake Elements or Minerals during the Feasibility Assessment;

(viii) copies of any easements, permits, approvals, agreements, applications or other documents which have been or will be submitted to other agencies or have been issued by other agencies for initiation of the Feasibility Assessment operations;

(ix) proof of all pending or acquired water rights and related appropriations necessary to perform the Feasibility Assessment or a detailed plan demonstrating how the Applicant will acquire water rights necessary to perform the Feasibility Assessment once in receipt of a Sampling Royalty Agreement;

(x) a detailed description of any agreements, contracts, options, and other financial arrangements entered into by the Operator and a third-party relating to both the Feasibility Assessment and planned extraction operations;

(xi) all available evidence and supporting documentation establishing Commercial Viability, including an estimated projection of the operation's Life of Mine and Great Salt Lake Element or Mineral production during the Feasibility Assessment; and

(xii) the projected operational recovery rate for the Great Salt Lake Element or Mineral.

(5) If Operator has an existing royalty agreement, it is within the division's discretion to require additional showings regarding the Operator's standing and compliance with any existing division obligations.

(6) At any point during review of a Feasibility Application, the division may request additional relevant information from the Applicant.

(7) To remain in consideration for a Sampling Royalty Agreement, the Applicant shall provide such information in a reasonable time, specified by the division.

(8) Within 60 days of receiving a Feasibility Application, the division shall notify the Applicant in writing of the status of the Application.

(9) The division may issue a written decision:

(a) approving the Feasibility Application as submitted;

(b) denying the Feasibility Application as submitted;

(c) approving the Feasibility Application, with conditions determined by the division; or

(d) considering the Feasibility Application incomplete and providing the Applicant with a list of missing information, at which point the Applicant may either provide the missing information or re-submit the Feasibility Application.

(i) Applicants who submit incomplete Feasibility Applications shall be allowed 60 days to provide the required information.

(ii) Incomplete applications not remedied within the 60 day period may be denied with the application fee forfeited to the division.

(10) Upon submission of a Feasibility Application, any Operator wishing to enter into a Cooperative Agreement shall obtain a list of all existing Operators from the division and notify each existing Operator of its intention to enter into a Cooperative Agreement.

Notes

Utah Admin. Code R652-21-502

Adopted by Utah State Bulletin Number 2024-20, effective 10/8/2024