1. (1) The operator need not notify the division of a suspension of mining operations that does not exceed two years unless suspension or shut down of operations would result in potential hazards to the public safety and welfare or imminent significant environmental harm. If a suspension or shut down of operations would result in potential hazards to the public safety and welfare or significant environmental harm, the operator must notify the division as soon as possible, but no later than one day after operations are shut down or placed in suspension. The operator may elect to notify the division of such a suspension by disclosing that mining operations are, or will be, in suspension in the report required by Section R647-3-117.

2. (2) In the case of a shut down or a suspension of mining operations that has exceeded, or is expected to exceed two years, the operator shall notify the division in writing or in the report required in Section R647-3-117.

   1. (a) The notification shall include a statement describing the operator's efforts to monitor and maintain the site in a safe, environmentally stable condition, and the date of the last self-inspection. The operator will keep written records of self-inspections and make them available to the division upon request.
   2. (b) Upon request, the operator shall furnish the division with such data as it may require to evaluate the status of the mining operation, the status of compliance with Rule R647-3, and the probable future status of the land affected. Upon review of such data, the division will take such action as may be appropriate and consistent with the rules under Title R647.
3. (3) The operator shall give the division prompt written notice of a suspension of small mining operations that has exceeded or is expected to exceed five years, or of a shut down. Upon receipt of notification, the division shall, within 30 days, arrange to inspect the property. The notice of suspension or shut down will include information about the status of the small mining operation, the status of compliance with Rule R647-3, the probable future status of the land affected, and if applicable the estimated date mining operations are to resume.
4. (4) If the operator does not provide the notice required by Subsection R647-3-113(3), the division shall serve written demand on the operator requiring that the operator provide the notice required by Subsection R647-3-113(3) within 30 days of receipt of the division's demand letter.

5. (5) An operator who has provided notice under Subsection R647-3-113(3) or R647-113(2), may remain in suspension so long as the operator:

   1. (a) Monitors the property as frequently as necessary, but no less than one time per year, to confirm the property is in a safe environmentally stable condition;
   2. (b) Maintains the property in a safe, environmentally stable condition in accordance with Subsection R647-3-107(1) through R647-3-107(4);
   3. (c) Maintains adequate reclamation surety; and
   4. (d) Continues to pay permit fees required by Subsection R647-3-101(5) and submits annual reports required by Section R647-3-117.
6. (6) Small Mining operations that are in suspension for longer than five years will be reevaluated on a regular basis and shall no less than every five years provide an update of the report required by Subsection R647-3-113(3) or (5) which shall be evaluated by the division for compliance with requirements of Subsection R647-3-113(5)(a) through (5)(d).
7. (7) The division may require additional interim reclamation or stabilization measures reasonably necessary to ensure operator compliance with Subsection R647-3-113(5)(b) for a small mining operation to remain in a continued state of suspension. In accordance with Subsection R647-3-113(5)(b), the division will periodically evaluate the reclamation surety for operations in suspension and require changes as required by Subsection R647-3-111(6).

8. (8) The division may, 30days after the operator's receipt of written notice and findings from the division, determine mining operations are or have been shut down by demonstrating in written findings that the operator:

   1. (a) Failed to file the annual report under Section R647-3-117 and pay permit fees under Subsection R647-3-101(5); or
   2. (b) Failed to provide notice required by the division under Subsection R647-3-113(3) and failed to respond to a request to file such notice under Subsection R647-3-117(4); or
   3. (c) Failed to maintain the property in a safe, environmentally stable condition in accordance with the requirements in Subsections R647-3-107(1) through R647-3-107(4) as applicable.
9. (9) In the event the division makes a determination that a mining operation is shut down due to failure to comply with any of Subsections (8)(a) through (8)(c), the operator may within 30 days of the notice of determination, provide a written justification for its failure to comply, and if the division finds the justification to be reasonable, the failure to comply excusable, or no undue prejudice from the non-compliance, it shall withdraw the determination. Neither this provision, nor a written justification, if any, shall serve to preclude, limit, or otherwise prejudice any other administrative remedies or procedures available to an operator under applicable laws or rules.
10. (10) An operator who ends a suspension and resumes mining operations shall notify the division within a reasonable time after resuming mining operations that the operator has resumed mining operations. If operations have been in suspension for more than five years, or were shut down for more than five years, resumption of mining shall require compliance with the current rules in Sections R647-3-102 through R647-3-111 as applicable.

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.