1. 1. An amendment is an insignificant change to the approved notice of intention. The division will review the change and make the determination of significance on a case-by-case basis.

   1. (a) Within 15 days after receipt of an amendment or revision to a notice of intention, the division shall complete the significance analysis outlined in Subsection (2).

   2. (2) When determining whether a proposed change is significant, the division will rely upon the following criteria:

      1. (a) INSIGNIFICANT CHANGES. If a proposed change would only entail the following elements, it should be treated as an insignificant change and considered an amendment rather than a revision:

         1. (i) A cumulative increase of no more than 10 acres or 10% of land, whichever is greater, in an incorporated area, or 20 acres or 20% of land, whichever is greater, in an unincorporated area, over a 10-year period;
         2. (ii) The division anticipates an increase in bond which is no more than 10% in an incorporated area or 20% in an unincorporated area; or
         3. (iii) A change involving only the following items, which are considered insignificant: (1) administrative actions; (2) repair or maintenance of the operator's equipment or facilities; (3) minor immaterial expansion of existing facilities; or (4) minor increase in storage capacity, such as tailing or waste rock, up to 15% of the storage capacity under the approved notice of intention.

      2. (b) SIGNIFICANT CHANGES. If a proposed change meets any one of the following elements, it is considered significant and must be handled as a revision.

         1. (i) A material change in the management, location, storage, or volume the treatment, location, and disposition of any deleterious or acid-forming materials generated and left on-site;
         2. (ii) A change which will have material adverse impacts on fish, wildlife, and related MW14 GW15 NB16 environmental values beyond those previously considered; or
         3. (iii) The impact proposed in the permit change are significant enough in the professional opinion of the division's staff to warrant the need for public comment. In these cases, the specific concerns must be documented by the staff and approved by the Minerals Manager and Deputy Director of Mining.

      3. (c) SIGNIFICANCE ANALYSIS. If the proposed change involves two or more of the following, it will be classified as significant and treated as a revision. Otherwise, the proposed change will be classified as insignificant and treated as an amendment. Proposed changes to be considered in this analysis include:

         1. (i) Acreage increase or decrease by 50% of the existing acreage or 50 acres, whichever is smaller, unless the increase is less than that outlined in Subsection (2)(a)(i).
         2. (ii) The division anticipates surety increase or decrease by 25% or more of the existing surety. However, any such change should not be considered if it meets the criteria outlined in Subsection (2)(a)(ii);
         3. (iii) A material change to the mining methods within the existing permitted area;
         4. (iv) A material change to the onsite primary processing;
         5. (v) A material change to the description regarding the manner and extent to which roads, highwalls, slopes, impoundments, drainages, pits and ponds, piles, shafts and adits, holes, and similar structures will be reclaimed;
         6. (vi) A material change to a planting program that includes, at a minimum, grading or stabilization procedures, or both, topsoil replacement, seed bed preparation, seed mixture, and rate and timing of seeding;
         7. (vii) A material change to the approved mining operation or the approved reclamation plan, or both. Request for a variance: (1) to the operation; or (2) from the approved reclamation plan or reclamation rules, or both;
         8. (viii) A period of ten or more years since the last time the division approved the Notice of Intent or a revision; and
         9. (ix) Significant additional material adverse environmental impacts when compared with impacts already affecting the site. The determination is made after evaluating the impacts to soils, vegetation, ground and surface hydrology, wildlife, or other environmental resources. The division may consult with other regulatory authorities when additional expertise is required to analyze potential adverse impacts.
   3. (3) A request for an amendment should be filed on the Notice of Intention to Revise Large Mining Operations (FORM MR-REV). An amendment of a large mining operation requires division approval but does not require public notice.

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.