No. 31512: R647-3. Small Mining Operations

DAR File No.: 31512
Filed: 06/02/2008, 09:36
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:

Section 40-8-6 provides authority to the Board of Oil, Gas and Mining to enact rules that are reasonably necessary to carry out the purposes of the Utah Mined Land Reclamation Act. This rule reflects the state requirements involving mineral operations for small mines. Section 40-8-13 provides authority for the filing of a Notice of Intention, Section 40-8-14 provides authority for a surety, Section 40-8-12.5 provides authority to require reclamation, and Section 40-8-21 provides authority pertaining to suspension or termination of operations.

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

Two letters were recently received which support renewal of this rule. In addition, the Utah Bureau of Land Management (BLM) provided comments which are being analyzed for possible amendment to the rule, but BLM did not oppose renewal of the 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 establishes requirements for small mineral mines and should be continued to ensure that operation of Utah's small mineral mines, five acres of disturbed area or less, occurs with the proper protection to the public, and providing for subsequent use of the lands affected.

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-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