DAR File No. 31509
This filing was published in the 06/15/2008, issue, Vol. 2008, No. 12, of the Utah State Bulletin.
Natural Resources, Oil, Gas and Mining; Coal
R645-102
Exemption for Coal Extraction Incidental to Government-Financed Highway or Other Construction
FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
DAR File No.: 31509
Filed: 06/02/2008, 09:35
Received by: NL
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Sections 40-10-6 and 40-10-6.5 provide for rulemaking authority to the Board of Oil, Gas and Mining as necessary for the regulation of coal mining operations and reclamation operations. Subsection 40-10-5(2) specifically authorizes an exemption from Title 40, Chapter 10, for extraction of coal as an incidental part of federal, state, or local government-financed highway or other construction under rules established by the division.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
Three letters were recently received which support renewal of this rule.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule is necessary as it establishes an exemption to the coal mining and reclamation requirements for extraction of coal that is incidental to a government-financed highway or other construction. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Natural ResourcesOil, Gas and Mining; Coal
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154
Direct questions regarding this rule to:
Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov
Authorized by:
John Baza, Director
ADDITIONAL INFORMATION
For questions regarding the content or application of this rule, please contact Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).
Last modified: 06/12/2008 2:17 PM