1. (1) The notice of intent, including amendments and revisions, shall include a Cultural Resource Inventory Report (Report) from an archaeologist or consultant, who is properly permitted by the Public Lands Policy Coordinating Office (PLPCO), concerning cultural resources. The report shall meet the standards of the Utah State Historic Preservation Office (UTSHPO).

   1. (a) The Report shall include a Class III inventory, otherwise known as an intensive survey, of the proposed bonded area, including a 100-foot or more buffer around the proposed disturbance area. The Report shall include areas of possible disturbance, including new roads, road improvements, staging areas, drilling, and any other disturbances. Drill pads and roads 15-feet wide or less may have a 50-foot inventory buffer.
   2. (b) Slopes steeper than 30 degrees may be evaluated by a Class II Inventory, otherwise known as a less than intensive or reconnaissance survey, for the safety of the archaeologist or consultant.
   3. (c) Ground that has already been disturbed by Mining operations within the last 50 years may be evaluated by a Class I Report, otherwise known as a literature review. The operator must receive permission from the division before a Class I is accepted in lieu of a Class III or II Report.
   4. (d) The operator is not required to survey property to which the operator does not have legal access. If any portion of the bonded area is on land managed by a separate government agency, the operator will be required to comply with that agency's cultural and historic resources requirements.
   5. (e) If the bonded area includes future expansion or phases within the next ten years, the operator shall include these phases in the Report.
   6. (f) The operator shall include a discovery clause in the notice of intent, including amendments and revisions, indicating the operator will stop work and contact the division if subsurface cultural deposits are discovered.
2. (2) The Report required under Subsection (1) shall describe coordination efforts with and present evidence of clearances by UTSHPO. For any property eligible for or listed on the National Register of Historic Places that may be adversely affected by the proposed mining and reclamation operations, each notice of intent, including amendments and revisions, will describe the measures to be used to avoid or minimize adverse effects
3. (3) The Division may require the operator to protect historic or archeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required after permit approval provided that the required measures are completed before the properties are affected by any mining operation.
4. (4) The notice of intent, including amendments and revisions, shall include proof that cultural consultation with UTSHPO has been completed. Proof may be provided in the form of a UTSHPO consultation letter, a memo completed as part of a formal agreement with UTSHPO, or as a copy of an email from a cultural resource professional from a relevant agency.

KEY: minerals reclamation

Date of Last Change: August 27, 2025

Notice of Continuation: April 27, 2023

Authorizing, and Implemented or Interpreted Law: 40-8-1 et seq.