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Terms Used In Utah Code 40-8-18

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amendment: means a request for an insignificant change to a notice of intention, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 40-8-4
  • Approved notice of intention: means a formally filed notice of intention to commence mining operations, including revisions or amendments to the notice of intention that is approved under Section 40-8-13. See Utah Code 40-8-4
  • Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-8-4
  • Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-8-4
  • Large mining operation: means a mining operation that is not a small mining operation and, for purposes of filing a notice of intention, does not include an exploration mining operation. See Utah Code 40-8-4
  • Mining operation: means activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including surface mining and the surface effects of underground and in situ mining, on-site transportation, concentrating, milling, evaporation, and other primary processing. See Utah Code 40-8-4
  • Notice: means :
         (20)(a) notice of intention, as defined in this chapter; or
         (20)(b) written information given to an operator by the division describing compliance conditions at a mining operation. See Utah Code 40-8-4
  • Notice of intention: means a notice to commence mining operations, including revisions to the notice. See Utah Code 40-8-4
  • Operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mining operation or proposed mining operation. See Utah Code 40-8-4
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Revision: means a request for a change to a notice of intention that is not an amendment to a notice of intention. See Utah Code 40-8-4
  • Small mining operations: means mining operations that disturb or will disturb 20 or less surface acres at any given time in an unincorporated area of a county or 10 or less surface acres at any given time in an incorporated area of a county. See Utah Code 40-8-4
     (1)(a) An operator conducting mining operations under an approved notice of intention for a large mining operation or a complete notice of intention for a small mining operation shall submit to the division an amended or revised notice of intention when a change in mining operations will occur.
     (1)(b) The operator shall submit a notice of intention to amend or revise mining operations in the form required by the rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)

     (2)(a) The division shall review and approve or disapprove an amendment of a notice of intention for a large mining operation within 30 days of receipt of a notice of intention to amend mining operations.
     (2)(b) The division shall review and determine that an amendment of a notice of intention for a small mining operation is complete within 30 days of receipt of the notice of intention to amend mining operations.
     (2)(c) The division is not required to provide for public comment for an amendment of a notice of intention.
(3) The division shall process and consider a notice of intention to revise mining operations in the same manner and within the same time period as an original notice of intention.
(4) The operator is authorized and bound by the requirements of the existing notice of intention until the division acts on the amendment or revision and any revised surety requirements are established and satisfied.
(5) Although approval of an amendment to the notice of intention by small mining operations is not required, the small mining operator shall file a revised surety before implementing the amended notice of intention.
(6) An operator may not use this section to convert a small mining operation to a large mining operation.

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