- (1) The completed notice of intention, including any subsequent amendments, shall remain in effect for the life of the small mining operation. The division may review the permit and require updated information and modifications when warranted.
(2) A completed notice of intention may be withdrawn, after notice and opportunity for board hearing, in the event the operator:
- (a) fails to pay permit fees required by Section R647-3-101;
- (b) fails to maintain and update adequate reclamation surety as required in Section R647-3-111;
- (c) substantially fails to perform reclamation or conduct mining operations so that reclamation can be accomplished in accordance with the reclamation practices in Section R647-3-109;
- (d) shuts down or suspends mining operations for a period in excess of five years, unless an extended period of suspension is approved upon application; or
- (e) fails, after notice, to timely request a hearing before the board, the division may, in accordance with Subsection (2), withdraw an approved notice of intention.
- (3) If the operator requests a hearing before the board, the board shall conduct the hearing de novo, and the division may not withdraw an approved notice of intention until conclusion of the hearing, and the board issues an order to withdraw the notice of intention.
- (4) If a notice of intention is withdrawn, the division will notify the operator in writing that it must commence complete reclamation work within 90 days and diligently proceed with such work as directed by the division.
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.