R647.  Natural Resources; Oil, Gas and Mining; Non-Coal.
R647-4.  Large Mining Operations.
R647-4-101.  Filing Requirements and Review Procedures.
	Prior to commencement of operations, a Notice of Intention to Commence Large Mining Operations (FORM MR-LMO) containing all the required information must be filed with and approved by the Division and the Division shall have approved the form and amount of reclamation surety.
	1.  Within 30 days after receipt of a Notice of Intention, or within 30 days after receipt of any subsequent submittal, the Division will complete its review and notify the operator in writing:
	1.11.  That the notice of intention is complete; or
	1.12.  That the notice of intention is incomplete, and that additional information as identified by the Division will be required.
	2.  Within 30 days after receipt of the notice of intention or within 30 days following the last action of the operator or Division on the notice of intention, the Division shall reach a tentative decision with respect to the approval or denial of the notice of intention.
	Notice of the tentative decision will then be published in accordance with Rule R647-4-116.
	3.  Division approval of the notice of intention and execution of the Reclamation Contract (FORM MR-RC) by the operator shall bind the Division and the operator in accordance with the Act and implementing regulations; and, shall enable the operator to conduct mining and reclamation activities in accordance therewith.
	4.  The operator must notify the Division within 30 days of beginning mining operations.
	5.  A permittee's retention of an approved notice of intention shall require the paying of permit fees as authorized by the Utah Legislature.  The procedures for paying the permit fees are as follows:
	5.11.  The Division shall notify the operators of record annually of the amount of permit fees authorized by the Utah Legislature for the following notices of intention.
	5.11.11.  Large Mining Operations (less than 50 acres) (fees calculated on the disturbed acreage permitted/bonded).
	5.11.12.  Large Mining Operations (greater than 50 acres) (fees calculated on the disturbed acreage permitted/bonded).
	5.12.  Fees are due annually by the deadline in R647-4-121 for reports.
	5.13.  A permittee may avoid payment of the fee by complying with the following requirements:
	5.13.11.  A permittee will notify the Division of a desire to close out a notice of intention by checking the appropriate box of the permit fees billing form.
	5.13.12.  The permittee will then arrange with the Division for an onsite inspection of the site to assure that all required reclamation has been performed.  If an inspection reveals that an area is not yet suitably reclaimed, then a new billing notice will be issued and the permittee will be given 30 days from the date of the onsite inspection to pay the fee.

R647-4-102.  Duration of the Notice of Intention.
	The approved notice of intention, including any subsequently approved amendments or revisions, shall remain in effect for the life of the mine.  However, the Division may review the permit and require updated information and modifications when warranted.  Additionally, failure by the operator to pay permit fees required by R647-4-101(5) or maintain and update reclamation surety as required may, after notice and opportunity for Board hearing result in a withdrawal of the approved notice of intention.

R647-4-103.  Notice of Intention to Commence Large Mining Operations.
	The notice of intention shall address the requirements of the following rules:

	TABLE

     RULE #        SUBJECT

     R647-4-104    Operator(s), Surface and Mineral Owner(s)
     R647-4-105    Maps, Drawings and Photographs
     R647-4-106    Operation Plan
     R647-4-108    Hole Plugging Requirements
     R647-4-109    Impact Assessment
     R647-4-110    Reclamation Plan
     R647-4-112    Variance
	
R647-4-104.  Operator(s), Surface and Mineral Owner(s).
	1.  The name, permanent mailing address, and telephone number of the operator responsible for the mining operations and reclamation of the site.
	2.  The name, permanent mailing address, and telephone number of the surface landowner(s) and mineral owner(s) of all land to be affected by the operations.
	3.  The federal mining claim number(s), lease number(s), or permit number(s) of any mining claims, or federal or state leases or permits included in the lands affected.

R647-4-105.  Maps, Drawings and Photographs.
	1.  A topographic base map must be submitted with the notice of intention.  The scale should be approximately 1 inch = 2,000 feet, preferably a USGS 7.5 minute series or equivalent topographic map where available.  The following information shall be included on the map:
	1.11.  Property boundaries of surface ownership of all lands which are to be affected by the mining operations;
	1.12.  Perennial streams, springs and other bodies of water, roads, buildings, landing strips, electrical transmission lines, water wells, oil and gas pipelines, existing wells, boreholes, or other existing surface or subsurface facilities within 500 feet of the proposed mining operations;
	1.13.  Proposed route of access to the mining operations from nearest publicly maintained highway. The map scale will be appropriate to show access.
	1.14.  Known areas which have been previously impacted by mining or exploration activities within the proposed disturbed area.
	2. A surface facilities map shall be provided at a scale of approximately 1" = 200' or other scale as determined necessary by the Division.  The following information shall be included on the surface facilities map:
	2.11.  Proposed surface facilities, including but not limited to buildings, stationary mining/processing equipment, roads, utilities, power lines, proposed drainage control structures, and, the location of topsoil storage areas, tailings or processed waste facilities, disposal areas for overburden, solid and liquid wastes and wastewater discharge treatment and containment facilities;
	2.12.  A border clearly outlining the acreage proposed to be disturbed by mining operations.
	3.  The following maps, drawings or cross sections may be required by the Division:
	3.11.  Regraded Slopes to be left at steeper than 2h:1v;
	3.12.  Plans, profiles and cross sections of roads, pads or other earthen structures to be left as part of the postmining land use;
	3.13.  Water impounding structures with embankments greater than 20 feet in height from the upstream toe of the embankment or greater than 20 acre feet in storage capacity;
	3.14.  Maps identifying surface areas which will be disturbed by the operator but will not be reclaimed, such as solid rock slopes, cuts, roads, or sites of buildings or surface facilities to be left as part of the postmining land use;
	3.15.  Sediment ponds, diversion channels, culvert size and locations, and other hydrologic designs and features to be incorporated into the mining and reclamation plan;
	3.16.  Baseline information maps and drawings including soils, vegetation, watershed(s), geologic formations and structure, contour and other such maps which may be required for determination of existing conditions, operations, reclamation and postmining land use;
	3.17.  A reclamation activities and treatment map to identify the location and the extent of the reclamation work to be accomplished by the operator upon cessation of mining operations.  This drawing shall be utilized to determine adequate bonding and reclamation practices for the site;
	3.18.  Other maps, plans, or cross sections as may reasonably be required by the Division.
	4.  The operator may submit photographs (prints) of the site sufficient to show existing vegetation and surface conditions.  These photographs should show the general appearance and condition of the land to be affected and should be clearly marked as to the location, orientation and the date that the pictures were taken.
	5.  Copies of the underground and surface mine development maps.

R647-4-106.  Operation Plan.
	The operator shall provide a narrative description referencing maps or drawings as necessary, of the proposed operations including:
	1.  Type of mineral(s) to be mined;
	2.  Type of operations to be conducted, including the mining/processing methods to be used on-site, and the identification of any deleterious or acid forming materials present or to be left on the site as a result of mining or mineral processing;
	3.  Estimated acreages proposed to be disturbed and/or reclaimed annually or sequentially;
	4.  A description of the nature of the materials to be mined or processed including waste/overburden materials and the estimated annual tonnages of ore and waste materials to be mined;
	5.  A description of existing soil types, including the location and extent of topsoil or suitable plant growth material.  If no suitable soil material exists, an explanation of the conditions shall be given;
	6.  A description of the plan for protecting and redepositing existing soils;
	7.  A description of existing vegetative communities and cover levels, sufficient to establish revegetation success standards in accordance with Rule R647-4-111;
	8.  Depth to groundwater, extent of overburden material and geologic setting;
	9.  Proposed location and size of ore and waste stockpiles, tailings facilities and water storage/treatment ponds.
	10.  Information regarding the amount of material (including mineral deposit, topsoil, subsoil, overburden, waste rock, or core hole material) extracted, moved or proposed to be moved.

R647-4-107.  Operation Practices.
	During operations, the operator shall conform to the following practices unless the Division grants a variance in writing:
	1.  Public Safety and Welfare - The operator shall minimize hazards to the public safety and welfare during operations.  Methods to minimize hazards shall include but not be limited to:
	1.11.  The closing or guarding of shafts and tunnels to prevent unauthorized or accidental entry in accordance with MSHA regulations;
	1.12.  The disposal of trash, scrap metal and wood, and extraneous debris;
	1.13.  The plugging or capping of drill, core, or other exploratory holes as set forth in Rule R647-4-108;
	1.14.  The posting of appropriate warning signs in locations where public access to operations is readily available;
	1.15.  The construction of berms, fences and/or barriers above highwalls or other excavations when required by the Division.
	2.  Drainages - If natural channels are to be affected by the mining operation, then the operator shall take appropriate measures to avoid or minimize environmental damage.
	3.  Erosion Control - Operations shall be conducted in a manner such that sediment from disturbed areas is adequately controlled.  The degree of erosion control shall be appropriate for the site-specific and regional conditions of topography, soil, drainage, water quality or other characteristics.
	4.  Deleterious Materials - All deleterious or potentially deleterious material shall be safely removed from the site or kept in an isolated condition such that adverse environmental effects are eliminated or controlled.
	5.  Soils - Suitable soil material shall be removed and stored in a stable condition where practical so as to be available for reclamation.
	6.  Concurrent Reclamation - During operations, disturbed areas shall be reclaimed when no longer needed, except to the extent necessary to preserve evidence of mineralization for proof of discovery.  Areas which have been disturbed but are not routinely or currently utilized shall be kept in a safe, environmentally stable condition.

R647-4-108.  Hole Plugging Requirements.
	Drill holes shall be properly plugged as soon as practical and shall not be left unplugged for more than 30 days without approval of the Division.  The procedures outlined below are required for the surface and subsurface plugging of drill holes.  The Division may approve an alternate plan, if the operator can prove to the satisfaction of the Division that another method will provide adequate protection to the groundwater resources and long term stability of the land.  Dry holes and nonartesian holes which do not produce significant amounts of water may be temporarily plugged with a surface cap to permit the operator to re-enter the hole for the duration of operations.
	1.  Surface plugging of drill holes shall be accomplished by:
	1.11.  Setting a nonmetallic permaplug at a minimum of five (5) feet below the surface, or returning the cuttings to the hole and tamping the returned cuttings to within five (5) feet of ground level.  The hole above the permaplug or tamped cuttings will be filled with a cement plug.  If cemented casing is to be left in place, a concrete surface plug is not required provided that a permanent cap is secured on top of the casing.
	1.12.  If the area is tilled farmland, a five (5) foot cement plug must be placed above a permaplug or tamped cuttings so that the top of the cement plug is a minimum of three (3) feet below the ground surface.  The hole above the cement plug is to be filled with soil.  If cemented casing is to be left in place, a concrete surface plug is not required provided that a permanent cap is secured on top of the casing.  The top of the casing and cap must be a minimum of three (3) feet below the ground surface.
	2.  Drill holes that encounter water, oil, gas or other potential migratory substances and are 2-1/2 inches or greater in surface diameter shall be plugged in the subsurface to prevent the migration of fluid from one strata to another. If water is encountered, plugging shall be accomplished as outlined below:
	2.11.  If artesian flow (i.e., water flowing to the surface from the hole) is encountered during or upon cessation of drilling, a cement plug shall be placed to prevent water from flowing between geologic formations and at the surface.  The cement mix should consist of API Class A or H cement with additives as needed.  It should weigh at least 13.5 lbs./gal., and be placed under the supervision of a person qualified in proper drill hole cementing of artesian flow.  Artesian bore holes must be plugged in the described manner, prior to removal of the drilling equipment from the well site.  If the surface owner of the land affected desires to convert an artesian drill hole to a water well, he must notify the Division in writing that he accepts responsibility for the ultimate plugging of the drill hole.
	2.12.  Holes that encounter significant amounts of nonartesian water shall be plugged by:
	2.12.111  Placing a 50 foot cement plug immediately above and below the aquifer(s); or
	2.12.112  Filling from the bottom up (through the drill stem) with a high grade bentonite/water slurry mixture.  The slurry shall have a Marsh funnel viscosity of at least 50 seconds per quart prior to the adding of any cuttings.

R647-4-109.  Impact Assessment.
	The operator shall provide a general narrative description identifying potential surface and/or subsurface impacts.  This description will include, at a minimum:
	1.  Projected impacts to surface and groundwater systems;
	2.  Potential impacts to state and federal threatened and endangered species or their critical habitats;
	3.  Projected impacts of the mining operation on existing soil resources;
	4.  Projected impacts of mining operations on slope stability, erosion control, air quality, and public health and safety;
	5.  Actions which are proposed to mitigate any of the above referenced impacts.

R647-4-110.  Reclamation Plan.
	Each notice of intention shall include a reclamation plan, including maps or drawings as necessary, consisting of a narrative description of the proposed reclamation including, but not limited to:
	1.  A statement of the current land use and the proposed postmining land use for the disturbed area;
	2.  A description of the manner and the extent to which roads, highwalls, slopes, impoundments, drainages, pits and ponds, piles, shafts and adits, drill holes, and similar structures will be reclaimed;
	3.  A detailed description of any surface facilities to be left as part of the postmining land use, including but not limited to buildings, utilities, roads, pads, ponds, pits and surface equipment;
	4.  A description of the treatment, location and disposition of any deleterious or acid-forming materials generated and left on-site, including a map showing the location of such materials upon the completion of reclamation;
	5.  A planting program as best calculated to revegetate the disturbed area.
	5.11.  Plans shall include, at a minimum, grading and/or stabilization procedures, topsoil replacement, seed bed preparation, seed mixture(s) and rate(s), and timing of seeding (fall seeding is preferred timing);
	5.12.  Where there is no original protective cover, an alternate practical procedure must be proposed to minimize or control erosion or siltation.
	6.  A statement that the operator will conduct reclamation as required by these rules.

R647-4-111.  Reclamation Practices.
	During reclamation, the operator shall conform to the following practices unless the Division grants a variance in writing:
	1.  Public Safety and Welfare - The operator shall minimize hazards to the public safety and welfare following completion of operations.  Methods to minimize hazards shall include but not be limited to:
	1.11.  The permanent sealing of shafts and tunnels;
	1.12.  The disposal of trash, scrap metal and wood, buildings, extraneous debris, and other materials incident to mining;
	1.13.  The plugging of drill, core, or other exploratory holes as set forth in Rule R647-4-108;
	1.14.  The posting of appropriate warning signs in locations where public access to operations is readily available;
	1.15.  The construction of berms, fences and/or barriers above highwalls or other excavations when required by the Division.
	2.  Drainages - If natural channels have been affected by mining operations, then reclamation must be performed such that the channels will be left in a stable condition with respect to actual and reasonably expected water flow so as to avoid or minimize future damage to the hydrologic system.
	3.  Erosion Control - Reclamation shall be conducted in a manner such that sediment from disturbed areas is adequately controlled.  The degree of erosion control shall be appropriate for the site-specific and regional conditions of topography, soil, drainage, water quality or other characteristics.
	4.  Deleterious Materials - All deleterious or potentially deleterious material shall be safely removed from the site or left in an isolated or neutralized condition such that adverse environmental effects are eliminated or controlled.
	5.  Land Use - The operator shall leave the on-site area in a condition which is capable of supporting the postmining land use.
	6.  Slopes - Waste piles, spoil piles and fills shall be regraded to a stable configuration and shall be sloped to minimize safety hazards and erosion while providing for successful revegetation.
	7.  Highwalls - In surface mining and in open cuts for pads or roadways, highwalls shall be reclaimed and stabilized by backfilling against them or by cutting the wall back to achieve a slope angle of 45 degrees or less.
	8.  Roads and Pads - On-site roads and pads shall be reclaimed when they are no longer needed for operations.  When a road or pad is to be turned over to the property owner or managing agency for continuing use, the operator shall turn over the property with adequate surface drainage structures and in a condition suitable for continued use.
	9.  Dams and Impoundments - Water impounding structures shall be reclaimed so as to be self-draining and mechanically stable unless shown to have sound hydrologic design and to be beneficial to the postmining land use.
	10.  Trenches and Pits - Trenches and small pits shall be reclaimed.
	11.  Structures and Equipment - Structures, rail lines, utility connections, equipment, and debris shall be buried or removed.
	12.  Topsoil Redistribution - After final grading, soil materials shall be redistributed on a stable surface, so as to minimize erosion, prevent undue compaction and promote revegetation.
	13.  Revegetation - The species seeded shall include adaptable perennial species that will grow on the site, provide basic soil and watershed protection, and support the postmining land use.
	Revegetation shall be considered accomplished when:
	13.11.  The revegetation has achieved 70 percent of the premining vegetative ground cover.  If the premining vegetative ground cover is unknown, the ground cover of an adjacent undisturbed area that is representative of the premining ground cover will be used as a standard.  Also, the vegetation has survived three growing seasons following the last seeding, fertilization or irrigation, unless such practices are to continue as part of the postmining land use; or
	13.12.  The Division determines that the revegetation work has been satisfactorily completed within practical limits.

R647-4-112.  Variance.
	1.  The operator may request a variance from Rule R647-4-107, 108, or 111, by submitting the following information which will be considered by the Division on a site-specific basis:
	1.11.  The rule(s) as to which a variance is requested;
	1.12.  The variance requested and a description of the area that would be affected by the variance;
	1.13.  Justification for the variance;
	1.14.  Alternate methods or measures to be utilized.
	2.  A variance shall be granted if the alternative method or measure proposed will be consistent with the Act.
	3.  Any variance must be specifically approved by the Division in writing.

R647-4-113.  Surety.
	1.  After receiving notification that the notice of intention has been approved, but prior to commencement of operations, the operator shall provide the reclamation surety to the Division.  Failure to furnish and maintain reclamation surety may, after notice and opportunity for Board hearing, result in a withdrawal of the approved notice of intention as provided for in Section 40-8-16.
	2.  The Division will not require a separate surety when a reclamation surety in a form and amount acceptable to the Division is held by other governmental entities, provided that the cost estimate is accurate and the Division is named as co-beneficiary.  Cooperative Agreements will be developed and entered into according to Section 40-8-22.
	3.  As part of the review of the notice of intention, the Division shall determine the final amount of surety required to reclaim the mine site.  The surety amount will be based upon (a) the technical details of the approved mining and reclamation plan, (b) the proposed post mining land use, and (c) projected third party engineering and administrative costs to cover Division expenses incurred under a bond forfeiture circumstance.  An operator's surety estimate will be accepted if it is accurate and verifiable.  The Division may accept surety estimates based upon the Minerals Reclamation Program's average dollars per acre reclamation costs, if comparable to site specific cost estimates for similar operations.
	4.  The operator shall submit a completed Reclamation Contract (FORM MR-RC) with the required surety.  The form and amount of the surety must be approved by the Division, except as provided in subpart 4.16.  Acceptable forms may include:
	4.11.  A corporate surety bond from a surety company that is licensed to do business in Utah, that is listed in "A.M. Best's Key Rating Guide" at a rating of A- or better or a Financial Performance Rating (FPR) of 8 or better, according to the "A.M. Best's Guide".  All surety companies also will be continuously listed in the current issue of the U.S. Department of the Treasury Circular 570.  Operators who do not have a surety bond with a company that meets the standards of subsection 4.11 will have 120 days from the date of Division notification after enactment of the changes to subsection 4.11 to achieve compliance or face enforcement action.  When the Division in the course of examining surety bonds, notifies an operator that a surety company guaranteeing its performance does not meet the standards of subsection 4.11., the operator has 120 days after notice from the Division by mail to correct the deficiency, or face enforcement action;
	4.12.  Federally-insured certificate of deposit payable to the State of Utah, Division of Oil, Gas and Mining;
	4.13.  Cash;
	4.14.  An irrevocable letter of credit issued by a bank organized to do business in the United States;
	4.15.  Escrow accounts.
	4.16.  The Board may approve a written self-bonding agreement in the case of operators showing sufficient financial strength.
	5.  Surety shall be required until such time as reclamation is deemed complete by the Division.  The Division shall promptly conduct an inspection when notified by the operator that reclamation is complete.  The full release of surety shall be evidence that the operator has reclaimed as required by the Act.
	5.11.  A partial release of surety can be made by the Division if it determines that a substantial phase or segment of reclamation such as demolition, backfilling, regrading or vegetation establishment has been successfully performed and the residual amount of retained surety is determined adequate to insure completion of reclamation.
	6.  The amount of reclamation surety may be adjusted:
	6.11.  If required to address changes in the reclamation plan due to an amendment or revision to the Notice of Intention under R647-4-118 and R647-4-119;
	6.12.  As the result of a periodic review by the Division conducted no more frequently than at 5 year intervals unless agreed to by the operator; which shall take into account inflation/deflation based upon an acceptable Costs Index; or
	6.13.  At the request of the operator.
	7.  Notwithstanding any other provision of these rules, for operations where the surety is in the form of a Board-approved agreement under Section 40-8-14(3), the Board shall retain the sole authority over the release, partial release, revision or adjustment of the surety amount, if any, which shall be in accordance with the agreement and the Act.

R647-4-114.  Failure to Reclaim.
	If the operator fails or refuses to conduct reclamation as outlined in the approved notice of intention, the Board may, after notice and hearing, order that reclamation be conducted by the Division and that:
	1.  The costs and expenses of reclamation, together with costs of collection including attorney's fees, be recovered in a civil action brought by the attorney general against the operator in any appropriate court; or
	2.  Any surety filed for this purpose be forfeited.  With respect to the surety filed with the Division, the Board shall request the Attorney General to take the necessary legal action to enforce and collect the amount of liability.  Where surety or a bond has been filed with other governmental agencies, the Board shall notify such agency of the hearing findings, and seek forfeiture concurrence as necessary.

R647-4-115.  Confidential Information.
	Information provided in the notice of intention relating to the location, size, and nature of the mineral deposit, and marked confidential by the operator, shall be protected as confidential information by the Board and the Division.  The information will not be a matter of public record until a written release is received from the operator, or until the notice of intention is terminated.

R647-4-116.  Public Notice and Appeals.
	1.  Public notice will be deemed complete when the following actions have been taken:
	(1.)  A description of the disturbed area and the tentative decision to approve or disapprove the notice of intention shall be published by the Division in abbreviated form, one time only, in all newspapers of general circulation published in the county or counties where the land affected is situated, and in a daily newspaper of general circulation in Salt Lake City, Utah.
	(2.)  A copy of the abbreviated information and tentative decision shall also be mailed by the Division to the zoning authority of the county or counties in which the land affected is situated and to the owner or owners of record of the land affected, as described in the notice of intention.
	2.  Any person or agency aggrieved by the tentative decision may file a written protest with the Division, during the public comment period identified in the notice, setting forth factual reasons for the complaint.
	3.  If no responsive written protests are received by the Division within 30 days after the last date of publication, the tentative decision of the Division on the notice of intention shall be final and the operator will be so notified.
	4.  If written objections of substance are received by the Division during the public comment period, a hearing shall be held before the Division in accordance with UCA 40-8-13, following which hearing the Division shall issue its decision.

R647-4-117.  Notification of Suspension or Termination of Operations.
	1.  The operator need not notify the Division of the temporary suspension of mining operations.
	2.  In the case of a termination or a suspension of mining operations that has exceeded, or is expected to exceed two (2) years, the operator shall, upon request, furnish the Division with such data as it may require to evaluate the status of the mining operation, the status of compliance with these rules, and the probable future status of the land affected.  Upon review of such data, the Division will take such action as may be appropriate.  The Division may grant an extended suspension period if warranted by a showing of good cause by the operator.
	3.  The operator shall give the Division prompt written notice of a termination or suspension of large mining operations expected to exceed five (5) years.  Upon receipt of notification, the Division shall, within 30 days, make an inspection of the property.
	4.  Large mining operations that have been approved for an extended suspension period will be reevaluated on a regular basis.  Additional interim reclamation or stabilization measures may be required in order for a large mining operation to remain in a continued state of suspension.  Reclamation of a large mining operation may be required after five (5) years of continued suspension.  The Division will require complete reclamation of the mine site when the suspension period exceeds 10 years, unless the operator appeals to the Board prior to the expiration of the 10-year period and shows good cause for a longer suspension period.

R647-4-118.  Revisions.
	1.  In order to revise a notice of intention, an operator shall file a Notice of Intention to Revise Large Mining Operations (FORM MR-REV).  This notice of intention will include all information concerning the revision that would have been required in the original notice of intention.
	2.  A Notice of Intention to Revise Large Mining Operations (FORM MR-REV) will be processed and considered for approval by the Division in the same manner as an original notice of intention.  The operator will be authorized and bound by the requirements of the existing approved notice until the revision is acted upon and any revised surety requirements are satisfied.  Those portions of the approved notice of intention not subject to the revision will not be subject to review under this provision.
	3.  Large mining operations which have a disturbed area of five acres or less in an incorporated area of a county or ten acres or less in an unincorporated area of a county may refile as a small mining operation.  Reclaimed areas must meet full bond release requirements before they can be excluded from the disturbed acreage.

R647-4-119.  Amendments.
	1.  An amendment is an insignificant change to the approved notice of intention.  The Division will review the change and make the determination of significance on a case-by-case basis.
	2.  A request for an amendment should be filed on the Notice of Intention to Revise Large Mining Operations (FORM MR-REV).  An amendment of a large mining operation requires Division approval but does not require public notice.

R647-4-120.  Transfer of Notice of Intention.
	If an operator wishes to transfer a mining operation to another party, an application for Transfer of Notice of Intention - Large Mining Operations (FORM MR-TRL), must be completed and filed with the Division.  The new mine operator will be required to post a new reclamation surety and must assume full responsibility for continued mining operations and reclamation.

R647-4-121.  Reports.
	1.  On or before January 31 of each year, unless waived in writing by the Division, each operator conducting large mining operations must file an Annual Report of Mining Operations (FORM MR-AR) describing its operations during the preceding calendar year.  Form MR-AR, includes:
	1.11.  The location of the operation and file number of the approved notice of intention;
	1.12.  The gross amounts of ore and waste materials moved during the year, as well as the disposition of such materials;
	1.13.  The reclamation work performed during the year and new surface disturbances created during the year.
	2.  The operator shall include an updated map depicting surface disturbance and reclamation performed during the year, prepared in accordance with Rule R647-4-105.
	3.  The operator shall keep and maintain timely records relating to his performance under the Act, and shall make these records available to the Division upon request.

R647-4-122.  Practices and Procedures; Appeals.
	The Administrative Procedures, as outlined in the R647-5 Rules, shall be applicable to minerals regulatory proceedings.

KEY:  minerals reclamation
Date of Enactment or Last Substantive Amendment:  October 26, 2011
Notice of Continuation:  January 24, 2018
Authorizing, and Implemented or Interpreted Law:  40-8-1 et seq.