Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R643. Natural Resources; Oil, Gas and Mining; Abandoned Mine Reclamation.

Rule R643-870. Abandoned Mine Reclamation Regulation Definitions.

As in effect on October 1, 2019

Table of Contents

R643-870-500. Definitions as Used in R643-870 through R643-886.

"Abandoned Mine Reclamation Account" or "Account" means an account created in the general fund which is established for the purpose of providing monies to administer the abandoned mine reclamation program.

"Act" means Title 40, Chapter 10, Utah Code Annotated, known as Regulation of Coal Mining and Reclamation Operations.

"Director" means the Director of the Office of Surface Mining Reclamation and Enforcement.

"Division" means the Division of Oil, Gas and Mining.

"Eligible lands and water" means land and water eligible for reclamation or drainage abatement expenditures which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes and left or abandoned in either an unreclaimed or inadequately reclaimed condition prior to August 3, 1977, and for which there is no continuing reclamation responsibility. Provided, however, that lands and water damaged by coal mining operations after that date may also be eligible if they meet the requirements specified in R643-874-124 and R643-874-125. For additional eligibility requirements for water projects, see R643-874-140. For additional eligibility requirements for lands affected by remining operations see R643-874-128. For eligibility requirements for lands affected by mining for minerals other than coal, see R643-875-140.

"Emergency" means a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety, or general welfare of people before the danger can be abated under normal program operation procedures.

"Expended" means that moneys have been obligated, encumbered, or committed by contract by the Division for work to be accomplished or services to be rendered.

"Extreme danger" means a condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed.

"Left or abandoned in either an unreclaimed or inadequately reclaimed condition" means lands and water:

(a) Which were mined or which were affected by such mining, wastebanks, processing or other mining processes prior to August 3, 1977,and on which all mining has ceased;

(b) Which continue, in their present condition, to degrade substantially the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health and safety of the public; and

(c) For which there is no continuing reclamation responsibility under State or Federal Laws, except as provided in R643-874-124 and R643-874-142.

"Office" or "OSM" means the Federal Office of Surface Mining Reclamation and Enforcement.

"Owner" means the owner of real property who is shown to be the owner of record on the plats located in the county courthouse of the county in which the real property is located.

"Permanent facility" means any structure that is built, installed, or established to serve a particular purpose or any manipulation or modification of the surface that is designed to remain after the reclamation activity is completed, such as a relocated stream channel or diversion ditch.

"Project" means a delineated area containing one or more abandoned mine land problems. A project may be a group of related reclamation activities with a common objective within a political subdivision of a state or within a logical, geographically defined area, such as a watershed or conservation district.

"Reclamation activity" means the restoration, reclamation, abatement, control, or prevention of adverse effects of past mining.

"Reclamation Plan" means a plan submitted by the Division and approved by the Office of Surface Mining Reclamation and Enforcement.

"Reclamation Program" means the program established by the Division in accordance with this chapter for reclamation of lands and water adversely affected by past mining, including the reclamation plan and annual applications for grants.

"Secretary" means the Secretary of the Department of Interior or his or her representative.

KEY

mines, reclamation

Date of Enactment or Last Substantive Amendment

December 16, 1997

Notice of Continuation

August 24, 2016

Authorizing, Implemented, or Interpreted Law

40-10-1 et seq.


Additional Information

Contact

For questions regarding the content or application of rules under Title R643, please contact the promulgating agency (Natural Resources; Oil, Gas and Mining; Abandoned Mine Reclamation). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.