Utah Code 40-8-21. Temporary suspension or termination of operations — Notice to division — Evaluation and inspection — Release of surety — Evidence of compliance
In the case of a temporary suspension of mining operations, excluding labor disputes, expected to be in excess of five years’ duration, the operator shall, within 30 days, notify the division.
Terms Used In Utah Code 40-8-21
Approved notice of intention: means a formally filed notice of intention to commence mining operations, including revisions to the notice of intention that is approved under Section 40-8-13. See Utah Code 40-8-4
Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-8-4
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Land affected: means the surface and subsurface of an area within the state where mining operations are being or will be conducted, including:
(i)
on-site private ways, roads, and railroads;
(ii)
land excavations;
(iii)
exploration sites;
(iv)
drill sites or workings;
(v)
refuse banks or spoil piles;
(vi)
evaporation or settling ponds;
(vii)
stockpiles;
(viii)
leaching dumps;
(ix)
placer areas;
(x)
tailings ponds or dumps; and
(xi)
work, parking, storage, or waste discharge areas, structures, and facilities. See Utah Code 40-8-4
mineral deposit: means an accumulation of mineral matter in the form of consolidated rock, unconsolidated material, solutions, or occurring on the surface, beneath the surface, or in the waters of the land from which any product useful to man may be produced, extracted, or obtained or which is extracted by underground mining methods for underground storage. See Utah Code 40-8-4
Mining operation: means activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including surface mining and the surface effects of underground and in situ mining, on-site transportation, concentrating, milling, evaporation, and other primary processing. See Utah Code 40-8-4
Notice: means :
(a)
notice of intention, as defined in this chapter; or
(b)
written information given to an operator by the division describing compliance conditions at a mining operation. See Utah Code 40-8-4
Operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mining operation or proposed mining operation. See Utah Code 40-8-4
Order: means written information provided by the division or board to an operator or other parties, describing the compliance status of a permit or mining operation. See Utah Code 40-8-4
Reclamation: means actions performed during or after mining operations to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable ecological condition and use that is consistent with local environmental conditions. See Utah Code 40-8-4
(2)
In the case of a termination of mining operations or a suspension of such operations expected to extend for a period in excess of two years, the operator shall furnish the division with such data as it may require in order to evaluate the status of the mining operation, performance under the reclamation plan, and the probable future status of the mineral deposit and condition of the land affected.
(3)
Upon receipt of notification of termination or extended suspension, the division shall, within 30 days, cause an inspection to be made of the property and take whatever action may be appropriate in furtherance of the purposes of this chapter.
(4)
The full release by the division of surety posted under an approved notice of intention shall be prima facie evidence that the operator has fully complied with the provisions of this chapter.
