State Codes and Statutes
Statutes > Utah > Title-40 > Chapter-10 > 40-10-2440-10-24. Determination of unsuitability of lands for surface coal mining -- Petition-- Public hearing -- Detailed statement by division.
(1) (a) The board and division, with the advice of appropriate federal, state, and localagencies, shall establish a planning process enabling objective decisions based upon competentand scientifically sound data and information as to which, if any, land areas of the state areunsuitable for all or certain types of surface coal mining operations pursuant to the standards setforth in Subsections (1)(b) and (1)(c). This designation shall not prevent the mineral explorationpursuant to this chapter of any area so designated.
(b) Upon petition pursuant to Subsection (2), the board shall designate an area asunsuitable for all or certain types of surface coal mining operations if the board and divisiondetermine that reclamation pursuant to the requirements of this chapter is not technologically andeconomically feasible.
(c) Upon petition pursuant to Subsection (2), a surface area may be designated unsuitablefor certain types of surface coal mining operations if these operations will:
(i) (A) be incompatible with existing state or local land use plans or programs;
(B) affect fragile or historic lands in which the operations could result in significantdamage to important historic, cultural, scientific, and aesthetic values and natural systems;
(C) affect renewable resource lands in which the operations could result in a substantialloss or reduction of long-range productivity of water supply or of food or fiber products, and thelands to include aquifers and aquifer recharge areas; or
(D) affect natural hazard lands in which the operations could substantially endanger lifeand property, these lands to include areas subject to frequent flooding and areas of unstablegeology; and
(ii) where the criteria listed in Subsection (1)(c)(i) have been balanced against theeconomic impact of the designation in a cost-benefit analysis.
(d) Determinations of the unsuitability of lands for surface coal mining, as provided for inthis section, shall be integrated as closely as possible with present and future land use planningand regulation processes at the state and local levels.
(e) The requirements of this section shall not apply to lands on which surface coal miningoperations are being conducted:
(i) on August 3, 1977;
(ii) under a permit issued pursuant to this chapter; or
(iii) where substantial legal and financial commitments in these operations were inexistence prior to January 1, 1977.
(2) (a) Any person having an interest which is or may be adversely affected shall have theright to petition the board to have an area designated as unsuitable for surface coal miningoperations or to have this designation terminated.
(b) The petition shall contain allegations of facts with supporting evidence which wouldtend to establish the allegations. Within 10 months after receipt of the petition the board shallhold a public hearing, after appropriate notice and publication of the date, time, and location ofthe hearing. After a person having an interest which is or may be adversely affected has filed apetition and before the hearing, as required by this subsection, any person may intervene by filingallegations of facts with supporting evidence which would tend to establish the allegations. Within 60 days after the hearing, the board shall issue and furnish to the petitioner and any otherparty to the hearing, a written decision regarding the petition and the reasons for it. If all the
petitioners stipulate agreement prior to the requested hearing and withdraw their request, thehearing need not be held.
(3) Prior to any land areas being designated as unsuitable for surface coal miningoperations, a detailed statement shall be prepared by the division on:
(a) the potential coal resources of the area;
(b) the demand for coal resources; and
(c) the impact of the designation on the environment, the economy, and the supply ofcoal.
(4) After August 3, 1977, and subject to valid existing rights, no surface coal miningoperations, except those which exist on that date, shall be permitted:
(a) on any lands where this activity is precluded by Public Law 95-87;
(b) on any lands which will adversely affect any publicly owned park or places includedin the National Register of Historic Sites, unless approved jointly by the division and the federal,state, or local agency with jurisdiction over the park or the historic site;
(c) within 100 feet of the outside right-of-way line of any public road, except where mineaccess roads or haulage roads join this right-of-way line and except that the division may permitthese roads to be relocated or the area affected to lie within 100 feet of the road, if after publicnotice and opportunity for public hearing in the locality a written finding is made that the interestsof the public and the landowners affected thereby will be protected; or
(d) within 300 feet from any occupied dwelling, unless waived by the owner of same, norwithin 300 feet from any public building, school, church, community, institutional building, orpublic park, or within 100 feet of a cemetery.
Amended by Chapter 219, 1994 General Session
