Section 40-8-13 - Notice of intention required before mining operations - Assurance of reclamation required in notice of intention - When contents confidential - Approval of notice of intention not required for small mining operations - Procedure for reviewing notice of intention(1)(a) Before any operator begins mining operations, or continues mining operations pursuant to Section 40-8-23, the operator shall file a notice of intention for each individual mining operation with the division.(b) The notice of intention referred to in Subsection (1)(a) shall include: (i) identification of the owners of any interest in a mineral deposit, including any ownership interest in surface land affected by the notice;(ii) copies of underground and surface mine maps;(iii) locations of drill holes;(iv) accurate area maps of existing and proposed operations; and(v) information regarding the amount of material extracted, moved, or proposed to be moved, relating to the mining operation.(c) The notice of intention for small mining operations shall include a statement that the operator shall conduct reclamation as required by rules promulgated by the board.(d) The notice of intention for large mining operations shall include a plan for reclamation of the lands affected as required by rules promulgated by the board.(2) The division may require that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, or tunnel when no longer needed as part of the mining operation.(3) Information provided in the notice of intention, and its attachments relating to the location, size, or nature of the deposit that is marked confidential by the operator shall be protected as confidential information by the board and the division and is not a matter of public record unless the board or division obtains a written release from the operator, or until the mining operation has been terminated as provided in Subsection 40-8-21(2).(4)(a) Subject to Subsection (6) for large mining operations, within 30 days from the receipt of a notice of intention, the division shall complete its review of the notice of intention and shall make further inquiries, inspections, or examinations that are necessary to properly evaluate the notice of intention.(b) The division shall notify the operator of any objections to the notice of intention and shall grant the operator a reasonable opportunity to take action that may be required to remove the objections or obtain a ruling relative to the objections from the board.(5) Except for the form and amount of surety, an approval of a notice of intention for small mining operations is not required.(6)(a) The notice of intention for large mining operations shall be reviewed as provided in this Subsection (6). (b)(i) Within 30 days after receipt of a notice of intention for a large mining operation, the division shall complete the division's review of the notice of intention for completeness and notify the operator in writing that the notice of intention: (A) is complete because the notice of intention is in a form approved by the division on which the operator provides a substantive response to each applicable request for information; or(ii) If the notice of intention is incomplete, the division shall give the operator a reasonable opportunity to take action required to complete the notice of intention.(c) Within five business days of the day on which the division notifies the operator under Subsection (6)(b) that a notice of intention is complete, the division shall: (i) submit for publication notice of the notice of intention and an opportunity for public comment: (A) one time in the newspapers of general circulation published in the county where the land affected is situated; and(B) one time in a newspaper of general circulation in Salt Lake City, Utah;(ii) publish notice of the notice of intention and an opportunity for public comment: (A) on a public legal notice website as required in Section 45-1-101; and (B) on the division's public website; and(iii) mail notice of the notice of intention to: (A) the zoning authority of the county or municipality where the land affected is situated; and(B) the owner of record of the land affected.(d)(i) The division shall accept public comment on a complete notice of intention for 30 days from the day on which notice is posted on the public legal notice website described in Subsection (6)(c)(ii)(A).(ii) The division shall include with a notice published under Subsection (6)(c)(ii), an electronic link by which a person may electronically submit public comment in the form and manner required by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(iii) If a person wants to submit public comment through the mail, the person shall submit the public comment in writing in the form and manner required by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(iv) Only a person, municipality, or county who submits a timely, substantive public comment during the public comment period is eligible to seek intervention in a review proceeding for the division's final permit order on the notice of intention for a large mining operation.(e)(i) Within 15 days after the close of public comment under Subsection (6)(d), the division shall review the public comments received and identify all substantive public comments.(ii) The division shall transmit a copy of the substantive public comments received to the operator and shall file a copy for public inspection at the division.(iii) The division may hold a public meeting to discuss issues raised by public comment.(iv) If the division determines that a public meeting is necessary, the division shall hold the public meeting within 45 days after the end of the period to review public comments under Subsection (6)(d).(f)(i) By no later than 30 days of the later of the following, the division shall take an action described in Subsection (6)(f)(ii): (A) the day on which time period under Subsection (6)(d) for accepting public comment ends; or(B) the day on which the division holds a public hearing under Subsection (6)(e).(ii) By no later than the day described in Subsection (6)(f)(i), the division shall: (A) approve the notice of intention; or(B) provide the operator written notice of any deficiency and grant the operator a reasonable opportunity to take an action that is required to remove the deficiency.(g) Upon approving a notice of intention, the division shall provide the operator notice of the approval and post a permit order approving the notice of intention on the division's public website.(7) An operator may convert a small mining operation to a large mining operation or may convert a large mining operation to a small mining operation by filing a notice of intention with the division requesting the conversion. The division shall review the notice of intention according to the procedures provided in this section for the resulting mining operation.(8) Within 30 days after receipt of a notice of intention concerning exploration operations , the division will review the notice of intention and approve or disapprove the notice of intention.Amended by Chapter TBD, 2024 General Session ,§ 4, eff. 5/1/2024.Amended by Chapter 243, 2013 General Session ,§ 2, eff. 5/14/2013.Amended by Chapter 388, 2009 General Session