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

Section R647-4-118

Revisions

Notice of Proposed Rule

(Amendment)

DAR File No.: 35187
Filed: 08/29/2011 08:56:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule's purpose is to establish the process for submitting revisions to large mineral mining operations. The rule change will amend a provision for revising a large mine operation to a small mine operation, as a result of S.B. 282 which passed during the Legislature's 2011 General Session.

Summary of the rule or change:

Section R647-4-118 establishes the process for submitting revisions to large mineral mining operations. This proposal amends the disturbed acres provision for a large mining operation to be modified to a small mining operation, due to the definition change of small mining operations in S.B. 282.

State statutory or constitutional authorization for this rule:

• Section 40-8-4

Anticipated cost or savings to:

the state budget:

The Division's Minerals Program may receive requests from a few large mining operations that desire to refile as a small mining operation, but the impact is not significant for the program's current level of 667 permits.

local governments:

No local government costs or savings are anticipated, since this rule applies to mineral mining companies.

small businesses:

Small businesses who operate a mineral mine of up to 10 acres in an unincorporated area of a county may refile as a small mining operation, but such refiling is not required upon the small business.

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 conduct mineral mining in Utah.

Compliance costs for affected persons:

Mineral mines up to 10 acres in an unincorporated area of a county may refile as a small mining operation, but such refiling is not required, thus no compliance costs from this rule change.

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

Businesses will not be fiscally impacted by this rule amendment. Large mineral mines may refile as a small mining operation but are not required.

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-CoalRoom 1210
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 steveschneider@utah.gov

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:

10/17/2011

Interested persons may attend a public hearing regarding this rule:

• 09/29/2011 09:00 AM, UBATC, 450 N 2000 W, Vernal, UT

This rule may become effective on:

10/26/2011

Authorized by:

John Baza, Director

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

R647-4. Large Mining Operations.

R647-4-118. Revisions.

1. In order to revise a notice of intention, an operator shall file a Notice of Intention to Revise Large Mining Operations (FORM MR-REV). This notice of intention will include all information concerning the revision that would have been required in the original notice of intention.

2. A Notice of Intention to Revise Large Mining Operations (FORM MR-REV) will be processed and considered for approval by the Division in the same manner as an original notice of intention. The operator will be authorized and bound by the requirements of the existing approved notice until the revision is acted upon and any revised surety requirements are satisfied. Those portions of the approved notice of intention not subject to the revision will not be subject to review under this provision.

3. Large mining operations which have a disturbed area of five [(5) ]acres or less in an incorporated area of a county or ten acres or less in an unincorporated area of a county may refile as a small mining operation. Reclaimed areas must meet full bond release requirements before they can be excluded from the disturbed acreage.

 

KEY: minerals reclamation

Date of Enactment or Last Substantive Amendment: [May 25, 2011]2011

Notice of Continuation: June 2, 2008

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