Utah Admin. Code R652-21-704 - Required Showings

Before the division and an Operator may enter into an Operations Royalty Agreement permitting the extraction of a nominated Great Salt Lake Element or Mineral, such Operator shall submit the following information in its Operations Application to the division:

(1) applicant information, including:

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

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

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

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

(e) 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

(f) 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;

(2) proof of a Sampling Royalty Agreement;

(3) evidence supporting Operator Certification of No Negative Impacts, under Section R652-21-705;

(4) project information, including:

(a) type of Great Salt Lake Element or Mineral to be extracted;

(b) type of operations to be conducted, including the types of technology, and a description of how, including in what sequence, they are to be employed through all stages of operations;

(c) a detailed description of the Operator's plan and operations for extraction, including estimated dates when operations may begin and end and the dates withdrawals or discharges may take place;

(d) identification of the Royalty Rate Deduction the Operator desires to obtain and all data, information, and reporting required for the division's analysis of such Royalty Rate Deduction;

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

(f) proof that Bonding is in place with the division and the Division of Oil, Gas & Mining, if applicable;

(g) proof of a reclamation plan negotiated with and approved by the division;

(h) a detailed description of the location, processing, and storage of Great Salt Lake Elements or Minerals;

(i) estimated amounts of Great Salt Lake Element or Mineral to be produced;

(j) the anticipated operational recovery rate for the Great Salt Lake Element or Mineral;

(k) estimated amounts of Operational Waste to be produced;

(l) copies of any easements, permits, approvals, agreements, applications or other documents required for initiation of operations;

(m) proof of all pending or acquired water rights and related appropriations necessary for operations or a detailed plan demonstrating how the Applicant will acquire water rights necessary to perform operations once in receipt of an Operations Royalty Agreement;

(n) a detailed description of any agreements, contracts, options, and other financial arrangements entered into by the Operator and a third-party relating to operations; and

(o) evidence and supporting documentation establishing Commercial Viability for the Life of Mine, including both the method of evaluation and the data used in such evaluation;

(5) proof of an executed Cooperative Agreement;

(6) Self-Certification operations may not violate Subsection 65A-6-1(3);

(7) the information identified in Section R652-21-805; and

(8) any other information the division or Director considers necessary to approve the application, including proprietary information regarding planned technology.

Notes

Utah Admin. Code R652-21-704

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