Natural Resources, Oil, Gas and Mining; Non-Coal

Section R647-4-101

Filing Requirements and Review Procedures

Notice of Proposed Rule

(Amendment)

DAR File No.: 34475
Filed: 02/28/2011 05:07:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish filing requirements and deadlines for companies who operate large mineral mines in Utah (more than five acres), in accordance with the Utah Mined Land Reclamation Act. The rule change would consolidate the annual report and annual fee deadlines to one consistent date in the fiscal year.

Summary of the rule or change:

Section R647-4-101 addresses filing requirements of companies who operate large mineral mines in Utah. This change delays the filing of the annual permit fee from the last Friday of July to the deadline for annual reports, i.e. January 31.

State statutory or constitutional authorization for this rule:

• Subsection 40-8-7(1)

Anticipated cost or savings to:

the state budget:

The Minerals Program is expected to encounter small savings in staff time from less follow-up to operators who are late in filing the annual report and annual fee. One consistent due date will enable the staff to contact the operator once for both items if late, rather than August and February.

local governments:

No local government costs or savings are anticipated. Local government is not impacted by this rule.

small businesses:

Small businesses who operate large mineral mines would not be negatively impacted by consolidating the annual report and fee deadlines, and may see small reduced cost from one mailing rather than two.

persons other than small businesses, businesses, or local governmental entities:

Persons other than small businesses, businesses, or local government entities would not be impacted by this rule since it pertains to companies who operate large mineral mines in Utah.

Compliance costs for affected persons:

There will not be added compliance costs for large mineral mining operators since they will continue to submit annual reports and annual fees, but the due date will now be the same.

Comments by the department head on the fiscal impact the rule may have on businesses:

Businesses will not encounter increased costs from this rule change, and mineral mining companies should see reduced mailing costs.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Oil, Gas and Mining; Non-Coal
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2011

Interested persons may attend a public hearing regarding this rule:

• 03/23/2011 09:00 AM, DNR, 1594 W North Temple, #1040, Salt Lake City, UT

This rule may become effective on:

04/27/2011

Authorized by:

John Baza, Director

R647. Natural Resources; Oil, Gas and Mining; Non-Coal.

R647-4. Large Mining Operations.

R647-4-101. Filing Requirements and Review Procedures.

Prior to commencement of operations, a Notice of Intention to Commence Large Mining Operations (FORM MR-LMO) containing all the required information must be filed with and approved by the Division and the Division shall have approved the form and amount of reclamation surety.

1. Within 30 days after receipt of a Notice of Intention, or within 30 days after receipt of any subsequent submittal, the Division will complete its review and notify the operator in writing:

1.11. That the notice of intention is complete; or

1.12. That the notice of intention is incomplete, and that additional information as identified by the Division will be required.

2. Within 30 days after receipt of the notice of intention or within 30 days following the last action of the operator or Division on the notice of intention, the Division shall reach a tentative decision with respect to the approval or denial of the notice of intention.

Notice of the tentative decision will then be published in accordance with Rule R647-4-116.

3. Division approval of the notice of intention and execution of the Reclamation Contract (FORM MR-RC) by the operator shall bind the Division and the operator in accordance with the Act and implementing regulations; and, shall enable the operator to conduct mining and reclamation activities in accordance therewith.

4. The operator must notify the Division within 30 days of beginning mining operations.

5. A permittee's retention of an approved notice of intention shall require the paying of permit fees as authorized by the Utah Legislature. The procedures for paying the permit fees are as follows:

5.11. The Division shall notify the operators of record annually of the amount of permit fees authorized by the Utah Legislature for the following notices of intention.

5.11.11. Large Mining Operations (less than 50 acres) (fees calculated on the disturbed acreage permitted/bonded).

5.11.12. Large Mining Operations (greater than 50 acres) (fees calculated on the disturbed acreage permitted/bonded).

5.12. Fees are due [beginning July 31, 1998 and thereafter annually, by the last Friday of July as authorized by the Utah Legislature]annually by the deadline in R647-4-121 for reports.

5.13. A permittee may avoid payment of the fee by complying with the following requirements:

5.13.11. A permittee will notify the Division of a desire to close out a notice of intention by checking the appropriate box of the permit fees billing form.

5.13.12. The permittee will then arrange with the Division for an onsite inspection of the site to assure that all required reclamation has been performed. If an inspection reveals that an area is not yet suitably reclaimed, then a new billing notice will be issued and the permittee will be given 30 days from the date of the onsite inspection to pay the fee.

 

KEY: minerals reclamation

Date of Enactment or Last Substantive Amendment: [February 23, 2006]2011

Notice of Continuation: June 2, 2008

Authorizing, and Implemented or Interpreted Law: 40-8-1 et seq.