R657-28-23. Rights-of-Way Leases, Non-Agricultural Leases of Division Lands, Special Use Permits -- Application Procedures --Required Information -- Conditional Approval

(1) To apply for a right-of-way lease, special use permit, or non-agricultural lease of division lands, a person shall:

(a) complete and submit an application provided by the division to the regional supervisor in the appropriate division regional office;

(b) pay a nonrefundable application fee;

(c) submit the application and application fee at least 120 days prior to the proposed construction or occupancy date; and

(d) include the following information with the application:

(i) A 7.5-minute topographic map or aerial photo showing the proposed project area. Map scale may be larger but must identify township and range sections, UTM coordinates, and give appropriate scale.

(ii) Evidence of an ownership or leasehold interest in the mineral estate where development of that estate is the purpose for applicant's seeking a right-of-way lease, special use permit, or lease.

(iii) A project plan that includes:

(A) project alternatives, including alternatives which do not affect the division;

(B) a description of the activity to occur, or infrastructure to be constructed, including site location, construction footprint, above and below ground construction, infrastructure's functional relationship to existing or future infrastructure, etc. The description should be sufficiently detailed as to provide an accurate and complete representation of the proposed action;

(C) identification of adverse impacts to wildlife and wildlife habitat associated with the proposed use and how they will be avoided, minimized, or mitigated; and

(D) project alternatives that do not affect division land which were considered but rejected, and the specific reasons those alternatives were rejected.

(2) Upon receiving the application, application fee, and the information required in Subsection (1)(d) the division director or the director's designee may either deny the application or grant a conditional approval within 60 days.

(3) If the application is denied, the director shall provide a written notice to the applicant.

(4) Before final approval is granted the division may require the applicant to provide the following additional information:

(a) A certified copy of a survey of the area affected by the proposed project prepared by a licensed surveyor. A centerline survey describing the proposed right-of-way lease and its width is adequate for a pipeline, road, power line, or similar use.

(b) An electronic file depicting the lease that is compatible with, and requires no editing for, accurate downloading into geographic systems information software used by the division.

(c) Evidence that the applicant has given the State Historic Preservation Officer a reasonable opportunity to review and comment on the proposed project as required by Utah Code Section 9-8-404.

(d) A biological assessment, including an analysis of the potential direct, indirect, and cumulative effects the proposed project may have on wildlife, wildlife habitat, and public recreational use opportunities.

(e) A survey of threatened, endangered and candidate plant and animal species, Utah wildlife sensitive species, and Utah species of special concern conducted on and adjacent to the proposed project.

(f) Proof that the applicant has secured all the permits and authorizations required for the project under State, Federal, and local laws.

(g) Proof that the applicant has complied with the provisions of the National Environmental Policy Act, where applicable, including preparation of all environmental assessments, environmental impact statements, or other reports required by the administering federal agency.