State Codes and Statutes

Statutes > Utah > Title-40 > Chapter-08 > 40-8-13

40-8-13. Notice of intention required prior to mining operations -- Assurance ofreclamation required in notice of intention -- When contents confidential -- Approval ofnotice of intention not required for small mining operations -- Procedure for reviewingnotice of intention.
(1) (a) Before any operator begins mining operations, or continues mining operationspursuant to Section 40-8-23, the operator shall file a notice of intention for each individualmining operation with the division.
(b) The notice of intention referred to in Subsection (1)(a) shall include:
(i) identification of all owners of any interest in a mineral deposit, including anyownership interest in surface land affected by the notice;
(ii) copies of underground and surface mine maps;
(iii) locations of drill holes;
(iv) accurate area maps of existing and proposed operations; and
(v) information regarding the amount of material extracted, moved, or proposed to bemoved, relating to the mining operation.
(c) The notice of intention for small mining operations shall include a statement that theoperator shall conduct reclamation as required by rules promulgated by the board.
(d) The notice of intention for mining operations, other than small mining operations,shall include a plan for reclamation of the lands affected as required by rules promulgated by theboard.
(2) The division may require that the operator rehabilitate, close, or mitigate the impactsof each drill hole, shaft, or tunnel when no longer needed as part of the mining operation.
(3) Information provided in the notice of intention, and its attachments relating to thelocation, size, or nature of the deposit that is marked confidential by the operator shall beprotected as confidential information by the board and the division and is not a matter of publicrecord unless the board or division obtains a written release from the operator, or until the miningoperation has been terminated as provided in Subsection 40-8-21(2).
(4) (a) Within 30 days from the receipt of a notice of intention, the division shallcomplete its review of the notice and shall make further inquiries, inspections, or examinationsthat are necessary to properly evaluate the notice.
(b) The division shall notify the operator of any objections to the notice and shall grantthe operator a reasonable opportunity to take action that may be required to remove theobjections or obtain a ruling relative to the objections from the board.
(5) Except for the form and amount of surety, an approval of a notice of intention forsmall mining operations is not required.
(6) The notice of intention for mining operations other than small mining operations,shall be reviewed as provided in this Subsection (6).
(a) Within 30 days after receipt of a notice of intention or within 30 days following thelast action of the operator or the division on the notice of intention, the division shall make atentative decision to approve or disapprove the notice of intention.
(b) The division shall:
(i) mail the information relating to the land affected and the tentative decision to theoperator; and
(ii) publish the information and the decision, in abbreviated form:
(A) one time only, in all newspapers of general circulation published in the county where

the land affected is situated; and
(B) in a daily newspaper of general circulation in Salt Lake City, Utah; and
(C) as required in Section 45-1-101.
(c) The division shall also mail a copy of the abbreviated information and tentativedecision to the zoning authority of the county in which the land affected is situated and to theowner of record of the land affected.
(d) (i) Any person or agency aggrieved by the tentative decision may file a request foragency action with the division.
(ii) If no requests for agency action are received by the division within 30 days after thelast date of publication, the tentative decision on the notice of intention is final and the divisionshall notify the operator.
(iii) If written objections of substance are received, the division shall hold a formaladjudicative proceeding.
(e) This Subsection (6) does not apply to exploration.
(7) Within 30 days after receipt of a notice of intention concerning explorationoperations other than small mining operations, the division will review the notice of intentionand approve or disapprove it.

Amended by Chapter 388, 2009 General Session