Current through Bulletin 2024-18, September 15, 2024
The rules in R645-301-100 present the requirements for the
entitled information which should be included in each permit
application.
110. Minimum Requirements
for Legal, Financial, Compliance and Related Information.
111. Introduction.
111.100. Objectives. The objectives of
R645-301-100 are to insure that all relevant information on the ownership and
control of persons who conduct coal mining and reclamation operations, the
ownership and control of the property to be affected by the operation, the
compliance status and history of those persons, and other important information
is provided in the application to the Division.
111.200. Responsibility. It is the
responsibility of the permit applicant to provide to the Division all of the
information required by R645-301-100.
111.300. Applicability. The requirements of
R645-301-100 apply to any person who applies for a permit to conduct coal
mining and reclamation operations.
111.400. The applicant shall submit the
information required by R645-301-112 and R645-301-113.
111.500. The Division will enter the
information disclosed under R645-301-110 and R645-301-112 into the AVS
database, but need not make a finding as provided for under R645-300-185.300
through R645-300-185.600 before entering the information into the AVS
database.
112.
Identification of Interests. An application will contain the following:
112.100. A statement as to whether the
applicant and operator are a corporation, partnership, single proprietorship,
association, or other business entity;
112.200. The name, address, telephone number
of the:
112.210. Applicant; and any
operator, if different from the applicant;
112.220. Applicant's resident agent;
and
112.230. The tax payer
identification number for the applicant and operator;
112.300. The name, address and telephone
number of each business entity in the applicant's and operator's organizational
structure, up to and including the ultimate parent entity of the applicant and
operator; for every such business in the organizational structure of the
applicant and operator, the applicant must also provide the following required
information for every president, chief executive officer, officer, partner,
member, and director (or persons in similar positions), and every person who
owns, of record, 10 percent or more of the entity:
112.310. The person's name, address, and
telephone number;
112.320. The
person's position, title and relationship to the applicant, including
percentage of ownership and location in organizational structure;
112.330. For each position, the date the
position was assumed, and when submitted under R645-300-147, the date of
departure from the position;
112.340. Each additional name and identifying
number, including employer identification number, Federal or State permit
number, and MSHA number, under which the applicant, the operator, the
applicant's partners or principal shareholders, and the operator's partners or
principal shareholders operate, or previously operated a coal mining and
reclamation operation in the United States within five years preceding the date
of the application; and
112.350.
The application number or other identifier of, and the regulatory authority
for, any other pending coal mine operation permit application filed by the
applicant or the operator in any State in the United States;
112.400. For any coal mining and reclamation
operation owned or controlled by either the applicant or operator in the last
five years, provide the coal mining and reclamation operation's:
112.410. Permittee's and operator's name,
address, identifying numbers, including employer identification number, Federal
or State permit number and MSHA number, and the regulatory authority;
and
112.420. Ownership or control
relationship to the applicant and the operator, including percentage of
ownership and location in organizational structure.
112.500. The name and address of each legal
or equitable owner of record of the surface and mineral property to be mined,
each holder of record of any leasehold interest in the property to be mined,
and any purchaser of record under a real estate contract for the property to be
mined;
112.600. The name and
address of each owner of record of all property (surface and subsurface)
contiguous to any part of the proposed permit area;
112.700. The MSHA numbers for all
mine-associated structures that require MSHA approval; and
112.800. A statement of all lands, interest
in lands, options, or pending bids on interests held or made by the applicant
for lands contiguous to the area described in the permit application. If
requested by the applicant, any information required by R645-301-112.800 which
is not on public file pursuant to Utah law will be held in confidence by the
Division as provided under R645-300-124.320.
112.900. After an applicant is notified that
his or her application is approved, but before the permit is issued, the
applicant shall, as applicable, update, correct or indicate that no change has
occurred in the information previously submitted under R645-301-112.100 through
R645-301-112.800.
113.
Violation Information. An application will contain the following:
113.100. A statement of whether the
applicant, the operator, or any subsidiary, affiliate, or entity which the
applicant or the operator own or control or which is under common control of
the operator and the applicant has:
113.110. Had a federal or state permit to
conduct coal mining and reclamation operations suspended or revoked in the five
years preceding the date of submission of the application; or
113.120. Forfeited a performance bond or
similar security deposited in lieu of bond in the five years preceding the date
of submission of the application;
113.200. A brief explanation of the facts
involved if any such suspension, revocation, or forfeiture referred to under
R645-301-113.110 and R645-301-113.120 has occurred, including:
113.210. Identification number and date of
issuance of the permit, and the date and amount of bond or similar
security;
113.220. Identification
of the authority that suspended or revoked the permit or forfeited the bond and
the stated reasons for the action;
113.230. The current status of the permit,
bond, or similar security involved;
113.240. The date, location, and type of any
administrative or judicial proceedings initiated concerning the suspension,
revocation, or forfeiture; and
113.250. The current status of the
proceedings; and
113.300. For any
violation of a provision of the Act, or of any law, rule or regulation of the
United States, or of any derivative State reclamation law, rule or regulation
enacted pursuant to Federal law, rule or regulation pertaining to air or water
environmental protection incurred in connection with any coal mining and
reclamation operation, a list of all violation notices received by the
applicant or operator during the three year period preceding the application
date, and a list of all unabated cessation orders and unabated air and water
quality violation notices received prior to the date of the application by any
coal mining and reclamation operation owned or controlled by either the
applicant or operator. For each violation notice or cessation order reported,
the lists shall include the following information, as applicable:
113.310. Any identifying numbers for the
operation, including the Federal or State permit number and MSHA number, the
dates of issuance of the violation notice and MSHA number, the name of the
person to whom the violation notice was issued, and the name of the issuing
regulatory authority, department or agency;
113.320. A brief description of the violation
alleged in the notice;
113.330. The
date, location, and type of any administrative or judicial proceedings
initiated concerning the violation, including, but not limited to, proceedings
initiated by any person identified in R645-301-113.300 to obtain administrative
or judicial review of the violation;
113.340. The current status of the
proceedings and of the violation notice;
113.350. The actions, if any, taken by any
person identified in R645-301-113.300 to abate the violation; and
113.360. If the abatement period for a
violation in a notice of violation issued under
30 CFR
843.12 or R645-400-320 has not expired,
certification that the violation is being abated or corrected to the
satisfaction of the agency with jurisdiction over the violation.
113.400. After an applicant is notified that
his or her application is approved, but before the permit is issued, the
applicant shall, as applicable, update, correct or indicate that no change has
occurred in the information previously submitted under
R645-301-113.
114.
Right-of-Entry Information.
114.100. An
application will contain a description of the documents upon which the
applicant bases their legal right to enter and begin coal mining and
reclamation operations in the permit area and will state whether that right is
the subject of pending litigation. The description will identify the documents
by type and date of execution, identify the specific lands to which the
document pertains, and explain the legal rights claimed by the
applicant.
114.200. Where the
private mineral estate to be mined has been severed from the private surface
estate, an applicant will also submit:
114.210. A copy of the written consent of the
surface owner for the extraction of coal by certain coal mining and reclamation
operations;
114.220. A copy of the
conveyance that expressly grants or reserves the right to extract coal by
certain coal mining and reclamation operations; or
114.230. If the conveyance does not expressly
grant the right to extract the coal by certain coal mining and reclamation
operations, documentation that under applicable Utah law, the applicant has the
legal authority to extract the coal by those operations.
114.300. Nothing given under R645-301-114.100
through R645-301-114.200 will be construed to provide the Division with the
authority to adjudicate property rights disputes.
115. Status of Unsuitability Claims.
115.100. An application will contain
available information as to whether the proposed permit area is within an area
designated as unsuitable for coal mining and reclamation operations or is
within an area under study for designation in an administrative proceeding
under
R645-103-300,
R645-103-400,
or 30 CFR Part 769.
115.200. An
application in which the applicant claims the exemption described in
R645-103-333 will contain information supporting the assertion that the
applicant made substantial legal and financial commitments before January 4,
1977, concerning the proposed coal mining and reclamation operations.
115.300. An application that proposes to
conduct coal mining and reclamation operations within 300 feet of an occupied
dwelling or within 100 feet of a public road must meet the requirements of
R645-103-234 or R645-103-235, respectively.
116. Permit Term.
116.100. Each permit application will state
the anticipated or actual starting and termination date of each phase of the
coal mining and reclamation operation and the anticipated number of acres of
land to be affected during each phase of mining over the life of the
mine.
116.200. If the applicant
requires an initial permit term in excess of five years in order to obtain
necessary financing for equipment and the opening of the operation, the
application will:
116.210. Be
complete and accurate covering the specified longer term; and
116.220. Show that the proposed longer term
is reasonably needed to allow the applicant to obtain financing for equipment
and for the opening of the operation with the need confirmed, in writing, by
the applicant's proposed source of financing.
117. Insurance, Proof of Publication and
Facilities or Structures Used in Common.
117.100. A permit application will contain
either a certificate of liability insurance or evidence of self-insurance in
compliance with
R645-301-800.
117.200. A copy of the newspaper
advertisements of the application for a permit, significant revision of a
permit, or renewal of a permit, or proof of publication of the advertisements
which is acceptable to the Division will be filed with the Division and will be
made a part of the application not later than 4 weeks after the last date of
publication as required by R645-300-121.100.
117.300. The plans of a facility or structure
that is to be shared by two or more separately permitted coal mining and
reclamation operations may be included in one permit application and referenced
in the other applications. In accordance with
R645-301-800,
each permittee will bond the facility or structure unless the permittees
sharing it agree to another arrangement for assuming their respective
responsibilities. If such agreement is reached, then the application will
include a copy of the agreement between or among the parties setting forth the
respective bonding responsibilities of each party for the facility or
structure. The agreement will demonstrate to the satisfaction of the Division
that all responsibilities under the R645 Rules for the facility or structure
will be met.
118. Filing
Fee. Each permit application to conduct coal mining and reclamation operations
pursuant to the State Program will be accompanied by a fee of $5.00.
120. Permit Application Format and
Contents.
121. The permit
application will:
121.100. Contain current
information, as required by R645-200, R645-300, R645-301 and
R645-302.
121.200. Be clear and
concise; and
121.300. Be filed in
the format required by the Division.
122. If used in the permit application,
referenced materials will either be provided to the Division by the applicant
or be readily available to the Division. If provided, relevant portions of
referenced published materials will be presented briefly and concisely in the
application by photocopying or abstracting and with explicit
citations.
123. Applications for
permits; permit changes; permit renewals; or transfers, sales or assignments of
permit rights will contain the notarized signature of a responsible official of
the applicant, that the information contained in the application is true and
correct to the best of the official's information and belief.
130. Reporting of Technical Data.
131. All technical data submitted in the
permit application will be accompanied by the names of persons or organizations
that collected and analyzed the data, dates of the collection and analysis of
the data, and descriptions of the methodology used to collect and analyze the
data.
132. Technical analyses will
be planned by or under the direction of a professional qualified in the subject
to be analyzed.
141. Maps submitted with
permit applications will be presented in a consolidated format, to the extent
possible, and will include all the types of information that are set forth on
U.S. Geological Survey of the 1:24,000 scale series. Maps of the permit area
will be at a scale of 1:6,000 or larger. Maps of the adjacent area will clearly
show the lands and waters within those areas and be at a scale determined by
the Division, but in no event smaller than 1:24,000.
142. All maps and plans submitted with the
permit application will distinguish among each of the phases during which coal
mining and reclamation operations were or will be conducted at any place within
the life of operations. At a minimum, distinctions will be clearly shown among
those portions of the life of operations in which coal mining and reclamation
operations occurred:
142.100. Prior to August
3, 1977;
142.200. After August 3,
1977, and prior to either:
142.210.
May 3, 1978; or
142.220. In the
case of an applicant or operator which obtained a small operator's exemption in
accordance with the Interim Program rules (MC Rules), January 1,
1979;
142.300. After May 3, 1978
(or January 1, 1979, for persons who received a small operator's exemption) and
prior to the approval of the State Program; and
142.400. After the estimated date of issuance
of a permit by the Division under the State Program.
150. Completeness. An application for a
permit to conduct coal mining and reclamation operations will be complete and
will include at a minimum information required under R645-301 and, if
applicable, R645-302.
160. Permit
change, renewal, transfer, sale and assignment.
Procedures to change, renew, transfer, assign, or sell
existing coal mining and reclamation permit rights are presented at
R645-303.
