Utah Code 40-8-19. Transfer of mining operation under approved notice of intention
Terms Used In Utah Code 40-8-19
- 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 - Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-8-4
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- Reclamation: means actions performed during or after mining operations to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable ecological condition and use that is consistent with local environmental conditions. See Utah Code 40-8-4
- 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
Whenever an operator succeeds to the interest of another operator who holds an approved notice of intention or revision covering a mining operation, by sale, assignment, lease, or other means, the division may release the first operator from his responsibilities under his approved notice of intention, including surety, provided the successor assumes all of the duties of the former operator, to the satisfaction of the division, under this approved notice of intention, including its then approved reclamation plan and the posting of surety. Upon the satisfactory assumption of such responsibilities by the successor operator, under conditions approved by the division, the approved notice of intention shall be transferred to the successor operator.