Current through Bulletin 2024-18, September 15, 2024
The rules in R645-301-400 present the requirements for
information related to Land Use and Air Quality which are to be included in
each permit application.
410. Land
Use. Each permit application will include a descriptions of the premining and
proposed postmining land use(s).
411. Environmental Description.
411.100. Premining Land-Use Information. The
application will contain a statement of the condition and capability of the
land which will be affected by coal mining and reclamation operations within
the proposed permit area, including:
411.110. A map and supporting narrative of
the uses of the land existing at the time of the filing of the application. If
the premining use of the land was changed within five years before the
anticipated date of beginning the proposed operations, the historic use of the
land will also be described;
411.120 A narrative of land capability which
analyzes the land-use description in conjunction with other environmental
resources information required under R645-301-411.100, and R645-301 and
R645-302. The narrative will provide analyses of the capability of the land
before any coal mining and reclamation operations to support a variety of uses,
giving consideration to soil and foundation characteristics, topography,
vegetative cover and the hydrology of the area proposed to be affected by coal
mining and reclamation operations; and
411.130. A description of the existing land
uses and land-use classifications under local law, if any, of the proposed
permit and adjacent areas.
411.140.
Cultural and Historic Resources Information. The application will contain maps
as described under R645-301-411.141 and a supporting narrative which describe
the nature of cultural and historic resources listed or eligible for listing in
the National Register of Historic Places and known archeological sites within
the permit and adjacent areas. The description will be based on all available
information, including, but not limited to, information from the State Historic
Preservation Officer and from local archeological, historic, and cultural
preservation agencies.
411.141.
Cultural and Historic Resources Maps. These maps will clearly show:
411.141.1. The boundaries of any public park
and locations of any cultural or historical resources listed or eligible for
listing in the National Register of Historic Places and known archeological
sites within the permit and adjacent areas;
411.141.2. Each cemetery that is located in
or within 100 feet of the proposed permit area; and
411.141.3. Any land within the proposed
permit area which is within the boundaries of any units of the National System
of Trails or the Wild and Scenic Rivers System, including study rivers
designated under section 5(a) of the Wild and Scenic Rivers Act.
411.142. Coordination with the
State Historic Preservation Officer (SHPO). The narrative presented under
R645-301-411.140 will also describe coordination efforts with and present
evidence of clearances by the SHPO. For any publicly owned parks or places
listed on the National Register of Historic Places that may be adversely
affected by the proposed coal mining and reclamation operations, each plan will
describe the measures to be used:
411.142.1.
To prevent adverse impacts; or
411.142.2. If valid existing rights exist, as
determined under R645-103-231, or joint agency approval is to be obtained under
R645-103-236, to minimize adverse impacts.
411.143. The Division may require the
applicant to identify and evaluate important historic and archeological
resources that may be eligible for listing on the national Register of Historic
Places through:
411.143.1. Collection of
additional information;
411.143.2.
Conducting field investigations; or
411.143.3. Other appropriate
analyses.
411.144. The
Division may require the applicant to protect historic or archeological
properties listed on or eligible for listing on the National Register of
Historic Places through appropriate mitigation and treatment measures.
Appropriate mitigation and treatment measures may be required to be taken after
permit issuance provided that the required measures are completed before the
properties are affected by any mining operation.
411.200. Previous Mining Activity. The
application will state whether the proposed permit area has been previously
mined, and, if so, the following information, if available:
411.210. The type of mining method
used;
411.220. The coal seams or
other mineral strata mined;
411.230. The extent of coal or other minerals
removed;
411.240. The approximate
dates of past mining; and
411.250.
The uses of the land preceding mining.
412. Reclamation Plan.
412.100. Postmining Land-Use Plan. Each
application will contain a detailed description of the proposed use, following
reclamation, of the land within the proposed permit area, including a
discussion of the utility and capacity of the reclaimed land to support a
variety of alternative uses, and the relationship of the proposed use to
existing land-use policies and plans. The plan will explain:
412.110. How the proposed postmining land use
is to be achieved and the necessary support activities which may be needed to
achieve the proposed land use;
412.120. For the purposes of SURFACE COAL
MINING AND RECLAMATION ACTIVITIES, where range or grazing is the proposed
postmining use, the detailed management plans to be implemented;
412.130. Where a land use different from the
premining land use is proposed, all materials needed for approval of the
alternative use under R645-301-413.100 through R645-301-413.334, R645-302-270,
R645-302-271.100 through R645-302-271.400, R645-302-271.600, R645-302-271.800,
and R645-302-271.900; and
412.140.
The consideration which has been given to making all of the proposed coal
mining and reclamation operations consistent with surface owner plans and
applicable Utah and local land-use plans and programs.
412.200. Land Owner or Surface Manager
Comments. The description will be accompanied by a copy of the comments
concerning the proposed use by the legal or equitable owner of record of the
surface of the proposed permit area and Utah and local government agencies
which would have to initiate, implement, approve, or authorize the proposed use
of the land following reclamation.
412.300. Suitability and Compatibility.
Assure that final fills containing excess spoil are suitable for reclamation
and revegetation and are compatible with the natural surroundings and the
approved postmining land use.
413. Performance Standards.
413.100. Postmining Land Use. All disturbed
areas will be restored in a timely manner to conditions that are capable of
supporting:
413.110. The uses they
were capable of supporting before any mining; or
413.120. Higher or better uses.
413.200. Determining Premining Uses of
Land.
413.210. The premining uses
of land to which the postmining land use is compared will be those uses which
the land previously supported, if the land has not been previously mined and
has been properly managed.
413.220.
The postmining land use for land that has been previously mined and not
reclaimed will be judged on the basis of the land use that existed prior to any
mining: provided that, if the land cannot be reclaimed to the land use that
existed prior to any mining because of the previously mined condition, the
postmining land use will be judged on the basis of the highest and best use
that can be achieved which is compatible with surrounding areas and does not
require the disturbance of areas previously unaffected by mining.
413.300. Criteria for Alternative Postmining
Land Uses. Higher or better uses may be approved by the Division as alternative
postmining land uses after consultation with the landowner or the land
management agency having jurisdiction over the lands, if the proposed uses meet
the following criteria:
413.310.
There is a reasonable likelihood for achievement of the use;
413.320. The use does not present any actual
or probable hazard to public health or safety, or threat of water diminution or
pollution; and
413.330. The use
will not:
413.331. Be impractical
or unreasonable;
413.332. Be
inconsistent with applicable land-use policies or plans;
413.333. Involve unreasonable delay in
implementation; or
413.334. Cause
or contribute to violation of federal, Utah, or local law.
414. Interpretation of R645-301-412 and
R645-301-413.100 through R645-301-413.334, R645-302-270, R645-302-271.100
through R645-302-271.400, R645-302-271.600, R645-302-271.800, and
R645-302-271.900 for the purposes of UNDERGROUND COAL MINING AND RECLAMATION
ACTIVITIES, Reclamation Plan: Postmining Land Use. The requirements of
R645-301-412-130, for approval of an alternative postmining land use, may be
met by requesting approval through the permit revision procedures of
R645-303-220 rather than requesting such approval in the original permit
application. The original permit application, however, must demonstrate that
the land will be returned to its premining land-use capability as required by
R645-301-413.100. An application for a permit revision of this type:
414.100. Must be submitted in accordance with
the filing deadlines of R645-303-220;
414.200. Will constitute a significant
alteration from the mining operations contemplated by the original permit;
and
414.300. Will be subject to the
requirements of R645-300-120 through R645-300-155 and
R645-300-200.
421. Coal mining and reclamation operations
will be conducted in compliance with the requirements of the Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and any other applicable Utah or federal statutes and
regulations containing air quality standards.
422. The application will contain a
description of coordination and compliance efforts which have been undertaken
by the applicant with the Utah Division of Air Quality.
423. For all SURFACE COAL MINING AND
RECLAMATION ACTIVITIES with projected production rates exceeding 1,000,000 tons
of coal per year, the application will contain an air pollution control plan
which includes the following:
423.100 An air
quality monitoring program to provide sufficient data to evaluate the
effectiveness of the fugitive dust control practices proposed under
R645-301-423.200 to comply with federal and Utah air quality standards;
and
423.200 A plan for fugitive
dust control practices as required under R645-301-244.100 and
R645-301-244.300.
424.
All plans for SURFACE COAL MINING AND RECLAMATION ACTIVITIES with projected
production rates of 1,000,000 tons of coal per year or less, will include a
plan for fugitive dust control practices as required under R645-301-244 and
R645-301-244.300.
425. All plans
for SURFACE COAL MINING AND RECLAMATION ACTIVITIES with projected production
rates of 1,000,000 tons or less will include an air quality monitoring program,
if required by the division, to provide sufficient data to judge the
effectiveness of the fugitive dust control plan required under
R645-301-424.
