1. (1) The Notice of Intention for large mining operations shall be reviewed as provided in this section.

   1. (a) Within 30 days after receipt of Notice of Intention for a large mining operation, the division shall complete the division's review of the Notice of Intention for completeness and notify the operator in writing that the notice of intention:

      1. (i) is complete because the notice of intention is in a form approved by the division on which the operator provides a substantive response to each applicable request for information; or
      2. (ii) is incomplete.
   2. (b) If the Notice of Intention is incomplete, the division shall give the operator a reasonable opportunity to take action required to complete the Notice of Intention.

2. (3) Within five business days of the day on which the division notifies the operator under Subsection (1) that a Notice of Intention is complete, the division shall:

   1. (a) submit for publication notice of the Notice of Intention and an opportunity for public comment:

      1. (i) one time in the newspapers of general circulation published in the county where the land affected is situated; and
      2. (ii) one time in a newspaper of general circulation in Salt Lake City, Utah;

   2. (b) publish notice of the Notice of Intention and an opportunity for public comment:

      1. (i) on a public legal notice website as required in Section 45-1-101; and
      2. (ii) on the division's public website; and

   3. (c) mail notice of the Notice of Intention to:

      1. (i) the zoning authority of the county or municipality where the land affected is situated; and
      2. (ii) the owner of record of the land affected.

3. (4)(a) The division shall accept public comment on a complete Notice of Intention for 30 days from the day on which notice is posted on the public legal notice website described in Subsection (3)(b)(i).

   1. (i) The division shall include with a notice published under Subsection (3)(b) and electronic link by which a person may electronically submit public comment.

      1. (ii) If a person wants to submit public comment through the mail, the person shall submit the public comment in writing and include their name and address to The Division of Oil, Gas and Mining at 1594 West North Temple, Suite 1210, Salt Lake City, Utah 84116.
      2. (iii) Only a person, municipality, or county who submits a timely, substantive public comment during the public comment period is eligible to seek intervention in a review proceeding for the division's final permit order on the Notice of Intention for a large mining operation.

4. (5)(a) Within 15 days after the close of public comment under Subsection (4), the division shall review the public comments received and identify substantive public comments.

   1. (b) The division shall send a copy of the substantive public comments received to the operator and shall file a copy for public inspection at the division.
   2. (c) The division may hold a public meeting to discuss issues raised by public comment.

   3. (d) The division shall hold a public meeting if:

      1. (i) The division has received a minimum of ten public comments;
      2. (ii) Requested by a city or county government; or
      3. (iii) If the director determines that a public hearing is warranted based on the scope of the project.
   4. (e) If the division determines that a public meeting is necessary, the division shall hold the public meeting within 45 days after the end of the period to review public comments under Subsection (4).

5. (6)(a) By no later than 30 days of the later of the following, the division shall take an action described in Subsection (b):

   1. (i) the day on which time period under Subsection (4) for accepting public comment ends; or

      1. (ii) the day on which the division holds a public hearing under Subsection (5).

   2. (b) By no later than the day described in Subsection (6)(a), the division shall:

      1. (i) approve the Notice of Intention; or
      2. (ii) provide the operator written notice of any deficiency and grant the operator a reasonable opportunity to take an action that is required to remove the deficiency.
6. (7) Upon approving a notice of intention, the division shall provide the operator notice of the approval and post a permit order approving the notice of intention on the division's public website.
7. (8) An operator may convert a small mining operation to a large mining operation or may convert a large mining operation to a small mining operation by filing a notice of intention with the division requesting the conversion. The division shall review the notice of intention according to the procedures provided in this section for the resulting mining operation.
8. (9) Division approval of the notice of intention and execution of the Reclamation Contract (FORM MR-RC) by the operator shall bind the division and the operator in accordance with the Act and implementing regulations; and, shall enable the operator to conduct mining and reclamation activities.
9. (10) The operator must notify the division within 30 days of beginning mining operations.

10. (11) A permittee's retention of an approved notice of intention 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 the following notices of intention.

       1. (i) Large Mining Operations that are less than 50 acres.

          1. (A) The determination of whether a large mine operation is less than 50 acres is calculated based on the permitted acreage.
          2. (B) The determination of whether a large mine operation is greater than or equal to 50 acres is calculated based on the permitted acreage.

       2. (ii) Large Mining Operations that are greater than or equal to 50 acres.

          1. (A) the determination of whether a large mine operation is greater than or equal to 50 acres is calculated based on the disturbed permitted acreage.
    2. (b) Fees are due annually by the deadline in Section R647-4-121 for reports.

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

       1. (i) 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. (ii) The permittee will then arrange with the division for an onsite inspection of the site to assure that 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.

Prior to commencement of operations, a Notice of Intention to Commence Large Mining Operations (FORM MR-LMO) containing the required information must be filed with and approved by the division and the division shall have approved the form and amount of reclamation surety.

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.