1. (1) Prior to commencement of operations, a Notice of Intention to Commence Small Mining Operations (FORM MR-SMO) containing the required information must be filed with and determined complete by the division and the division shall have approved the form and amount of reclamation surety. It is recommended that the notice of intention be filed with the division at least 30 days prior to the planned commencement of operations.

2. (2) Within 30 days after receipt of a Notice of Intention, the division will review the proposal and notify the operator in writing that the notice of intention is:

   1. (a) complete and required information has been submitted; or

   2. (b) incomplete and additional information, as identified by the division, will be required.

      1. (i) The division will review and respond to any subsequent filings of information within 30 of receipt.

3. (3) The division will review and approve or disapprove:

   1. (a) The form and amount of reclamation surety; and
   2. (b) Any variances requested from Section R647-3-107, Section R647-3-108, and Section R647-3-109, regardless of the number of surface acres of disturbance planned.
4. (4) The operator must notify the division no later than 30 days after beginning small mining operations.

5. (5) A permittee's authorization under a notice of intention to conduct small mining operations shall require the paying of permit fees as authorized by the Utah Legislature. The procedures for paying the permit fees are as follows:

   1. (a) The division shall notify the operators of record annually of the amount of permit fees authorized by the Utah Legislature for small mining operations.
   2. (b) Fees are due annually by the deadline in Section R647-3-117 for reports.

6. (6) A permittee may avoid payment of the fee by complying with the following requirements:

   1. (a) A permittee will notify the division of a desire to close out a notice of intention by checking the appropriate box of the permit fees billing form.
   2. (a) The permittee will then arrange with the division for an onsite inspection of the site to assure that all required reclamation has been performed. If an inspection reveals that an area is not yet suitably reclaimed, then a new billing notice will be issued and the permittee will be given 30 days from the date of the onsite inspection to pay the fee.

KEY: minerals reclamation

Date of Last Change: September 16, 2025

Notice of Continuation: January 24, 2018

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