R645-103-300. Utah Criteria for Designating Areas as Unsuitable for Coal Mining and Reclamation Operations

310. Responsibility. The Division will use the criteria in R645-103-300 for the evaluation of each petition for the designation of nonfederal and non-Indian areas as unsuitable for coal mining and reclamation operations.

320. Criteria for Designating Land as Unsuitable.

321. Upon petition, an area will be designated as unsuitable for all or certain types of coal mining and reclamation operations if the Division determines that reclamation is not technologically and economically feasible under the State Program.

322. Upon petition, an area may be (but is not required to be) designated as unsuitable for certain types of coal mining and reclamation operations, if the operations will:

322.100. Be incompatible with existing state or local land use plans or programs;

322.200. Affect fragile or historic lands in which the activities could result in significant damage to important historic, cultural, scientific, or aesthetic values or natural systems;

322.300. Affect renewable resource lands in which the activities could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or

322.400. Affect natural-hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.

330. Land Exempt from Designation as Unsuitable for Coal Mining and Reclamation Operations. The requirements of R645-103-300 do not apply to:

331. Lands on which coal mining and reclamation operations were being conducted on August 3, 1977;

332. Lands covered by a permit issued under the Act; or

333. Lands where substantial legal and financial commitments in coal mining and reclamation operations were in existence prior to January 4, 1977.

340. Exploration on Land Designated as Unsuitable for Coal Mining and Reclamation Operations. Designation of any area as unsuitable for all or certain types of coal mining and reclamation operations pursuant to Section 40-10-24 of the Act or Section 522 of the Federal Act and R645-103-300 does not prohibit coal exploration in the area, if conducted in accordance with applicable provisions of the State Program or under the terms of a State/Federal cooperative agreement pursuant to section 523(c) of the Federal Act. Coal exploration on any lands designated unsuitable for coal mining and reclamation operations must be approved by the Division under R645-200, to ensure that exploration does not interfere with any value for which the area has been designated unsuitable for coal mining and reclamation operations.