40-8-16 - Approved notice of intention valid for life of operation -- Withdrawal, withholding, or refusal of approval -- Procedure and basis. - Utah Statutes

40-8-16. Approved notice of intention valid for life of operation -- Withdrawal,withholding, or refusal of approval -- Procedure and basis.
(1) An approved notice of intention or approved revision of it remains valid for the life ofthe mining operation, as stated in it, unless the board withdraws the approval as provided inSubsection (2).
(2) The board or the division shall not withdraw approval of a notice of intention orrevision of it, except as follows:
(a) Approval may be withdrawn in the event that the operator substantially fails toperform reclamation or conduct mining operations so that the approved reclamation plan can beaccomplished.
(b) Approval may be withdrawn in the event that the operator fails to provide andmaintain surety as may be required under this chapter.
(c) Approval may be withdrawn in the event that mining operations are continuously shutdown for a period in excess of five years, unless the extended period is accepted upon applicationof the operator.
(3) Approval of a notice of intention may not be refused, withheld, nor withdrawn by thedivision until the operator, who holds or has applied for such approval, has had an opportunity torequest a hearing before the board, present evidence, cross-examine, and participate fully in theproceedings. Based on the record of the hearing, the board will issue an order concerning therefusal, withholding, or withdrawal of the notice of intention. If no hearing is requested, thedivision may refuse, withhold, or withdraw approval of a notice of intention.
(4) In the event that the division or the board withdraws approval of a notice of intentionor its revision, all mining operations included under the notice shall be suspended in accordancewith procedures and schedule approved by the division.

Amended by Chapter 22, 1989 General Session