1. 1. Application Filing

   Applications for materials permits may be submitted to any office of the division during office hours.

2. 2. Non-refundable Application Fees

   1. (a) If an application for a materials permit is rejected, all monies tendered by the applicant, except the application fee, will be refunded.
   2. (b) Should an applicant desire to withdraw the application, the applicant must make a written request. If the request is received prior to the time that the application is considered for formal action, all monies tendered by the applicant, except the application fee, will be refunded. If the request for withdrawal is received after the application is approved, all monies tendered are forfeited to the division, unless otherwise ordered by the division for a good cause shown.

   All applications must be accompanied by a non-refundable application fee.

3. 3. Application Review

   1. (a) When land use designations or general management plans have been approved by the division and the application conforms with the designated use, or
   2. (b) When the subject property has previously been included in a materials permit or sand and gravel mineral lease whether or not excavation occurred and whether or not reclamation work was done, or
   3. (c) When expected royalty income exceeds the estimated fair market value of all sovereign land affected by the permit and the use of the subject property for materials extraction conforms to local planning and zoning ordinances.

   Upon receipt of an application, the division shall review the application for completeness. Applicants submitting incomplete applications shall be provided notice of deficiency by certified mail and shall be allowed 60 days to cure the deficiency. Incomplete applications not remedied within the 60-day period may be denied. The director may approve applications for materials permits pursuant to the criteria listed below. Action on applications not meeting the criteria listed below shall be deferred pending appropriate land use designation by the division. The director shall reject applications in those instances where the division declines to designate lands for that use.

4. 4. Bid Solicitation Processes

   1. (a) In the absence of any valid materials permit application, and pursuant to R652-100-400(3), the division may offer for simultaneous bid material permits when exposing the site to the market could reasonably be expected to produce materials sales. A notice of lands available for simultaneous filing for materials permits shall be made in a manner to reasonably solicit simultaneous bid applications. Notices of simultaneous filing shall contain the procedure by which the division shall award the permit.

   2. (b) Upon receipt of any materials permit application the division shall solicit competing applications through publication at least once a week for two consecutive weeks in one or more newspapers of general circulation in the county in which the permit is offered. At least 30 days prior to bid opening, certified notification will be sent to permittees of record,

      adjacent permittees/lessees, and adjacent landowners. Notices will also be posted in the local governmental administrative building or the county courthouse. Notification and advertising shall include the legal description of the parcel and any other information which may create interest in the parcel. The successful applicant shall bear the cost of the advertising.

   3. (c) The division shall allow all applicants at least 20 days from the date of mailing of notice, as evidenced by the certified mail posting receipt (Postal Service form 3800), within which to submit a sealed bid containing their proposal for the subject parcel. Competing bids will be evaluated using the criteria found in R652-30-500(2)(g) and R652-80-200.

   4. (d) If no competing applications involving sale, lease or exchanges are received by the deadline published pursuant to R652-100-400(4)(b), then the division shall award the materials permit based on the following criteria:

      i) amount of bonus bid.

      ii) amount and rate of proposed materials extraction.

      iii) other criteria and assurances of performances as the division shall require by permit or advertise prior to bidding.

KEY: administrative procedure, materials handling, permits

Date of Last Change: 1993

Notice of Continuation: March 8, 2022

Authorizing, and Implemented or Interpreted Law: 65A-7-1