No. 29613: R645-301. Coal Mine Permitting: Permit Application Requirements

DAR File No.: 29613
Filed: 03/07/2007, 09:00
Received by: NL

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.

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

The Utah Mining Association is proposing an amendment to a portion of Sections R645-301-765, R645-301-728, and R645-301-800. The Division is meeting with the Utah Mining Association to discuss this matter. No written comments have been received seeking repeal of this rule.

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

This rule is necessary since it states the required information to be reflected in each permit application by a coal mine operator including information on soils, biology, engineering, geology, hydrology, and bonding. 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:

Natural Resources
Oil, Gas and Mining; 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 [e-mail]

Authorized by:

John Baza, Director