Natural Resources, Oil, Gas and Mining; Coal

Rule R645-302

Coal Mine Permitting: Special Categories and Areas of Mining

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35840
Filed: 02/03/2012 04:38:51 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Sections 40-10-6 and 40-10-6.5 provide for rulemaking authority to the Board of Oil, Gas and Mining as necessary for the regulation of coal mining operations and reclamation operations. Sections 40-10-9 and 40-10-10 specifically establish provisions for permitting of coal mining operations within the state. Section 40-10-17 also specifically establishes provisions for performance standards for coal mining and reclamation, as well as rulemaking authority to govern the granting of variances.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes standards that are necessary for special categories of mining such as steep slopes and experimental practices mining, and special areas of mining such as prime farmland and alluvial valley floors. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act.

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

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

Authorized by:

John Baza, Director

Effective:

02/03/2012