No. 37466 (5-year Review): Rule R645-102. Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction

DAR File No.: 37466
Filed: 04/01/2013 09:40:20 AM

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. Subsection 40-10-5(2) specifically authorizes an exemption from Title 40, Chapter 10, for extraction of coal as an incidental part of federal, state, or local government-financed highway, or other construction under rules established by the division.

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 is necessary as it establishes an exemption to the coal mining and reclamation requirements for extraction of coal that is incidental to a government-financed highway or other construction. 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; CoalRoom 1210
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

Effective:

04/01/2013

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