(1) (a) (I) Any person desiring to conduct mining operations
pursuant to an application submitted prior to July 1, 1993, on less than two acres
that will result in the extraction of less than seventy thousand tons per year of
mineral or overburden may apply for the expedited processing of the person's
permit. By July 1, 2015, a person with a permit issued pursuant to this subparagraph
(I) shall file with the office:
(A) Evidence of the source of the person's legal right to enter and initiate a
mining operation on the affected land; and
(B) A financial warranty that complies with subsection (3) of this section.
(II) Repealed.
(III) Effective July 1, 2014, a person desiring to conduct mining operations on
five acres or less may file with the office an application for a permit to conduct
limited-impact mining operations; except that a person desiring to conduct in situ
leach mining or a designated mining operation must file an application pursuant to
section 34-32-112.5. A person shall not commence mining operations subject to this
subparagraph (III) unless the person has filed an application pursuant to this
section. The application for a permit must be on a form approved by the board and
must contain the following:
(A) The address and telephone number of the operator's general office and
the operator's local address or addresses and telephone number;
(B) The name, address, and telephone number of the owner of the surface of
the affected land and the source of the applicant's legal right to enter and initiate a
mining operation on the affected land;
(C) The name of the owner of the subsurface rights of the affected land;
(D) A statement that the operations will be conducted pursuant to the terms
and conditions listed on the application and in accordance with this article and the
rules promulgated pursuant to this article at the time the permit was approved or
amended;
(E) A map showing information sufficient to determine the location of the
affected land and existing and proposed roads or access routes to be used in
connection with the mining operation;
(F) The approximate size of the affected land;
(G) Information sufficient to describe or identify the type of mining operation
proposed and how the operator intends to conduct it;
(H) A statement that the operator has applied for necessary local
government approvals; and
(I) Measures to be taken to reclaim any affected land consistent with the
requirements of section 34-32-116.
(b) and (c) (Deleted by amendment, L. 93, p. 1178, � 4, effective July 1, 1993.)
(d) Repealed.
(e) (Deleted by amendment, L. 93, p. 1178, � 4, effective July 1, 1993.)
(f) Fees and financial warranties for permit applications submitted pursuant
to this subsection (1) are governed by subsection (3) of this section.
(2) (a) A person desiring to conduct mining operations not covered by
subsection (1) of this section on less than ten acres, which will result in the
extraction of less than seventy thousand tons of mineral or overburden per
calendar year, prior to commencement of mining, may file with the office, on a form
approved by the board, an application for a permit to conduct mining operations;
except that applications for in situ leach mining or a designated mining operation
must be filed pursuant to section 34-32-112.5. This application must contain the
following:
(I) The address and telephone number of the general office and the local
address or addresses and telephone number of the operator;
(II) The name, address, and telephone number of the owner of the surface of
the affected land and the source of the applicant's legal right to enter and initiate a
mining operation on the affected land;
(III) The name of the owner of the subsurface rights of the affected land;
(IV) A statement that the operations will be conducted pursuant to the terms
and conditions listed on the application and in accordance with the provisions of
this article and the rules and regulations promulgated pursuant to this article at the
time the permit was approved or amended;
(V) A map showing information sufficient to determine the location of the
affected land and existing and proposed roads or access routes to be used in
connection with the mining operation;
(VI) The approximate size of the affected land;
(VII) Information sufficient to describe or identify the type of mining
operation proposed and how the operator intends to conduct it;
(VIII) A statement that the operator has applied for necessary local
government approval;
(IX) Measures to be taken to reclaim any affected land consistent with the
requirements of section 34-32-116.
(b) The application required by this subsection (2) shall be sent to the office.
If the office denies the application, the applicant may appeal to the board for final
determination.
(3) A fee as specified in section 34-32-127 (2), and a financial warranty in an
amount the board shall determine pursuant to section 34-32-117 (4), shall
accompany the application and shall be paid by the applicant.
(4) The operator, at any time after the completion of reclamation, may notify
the board that the land has been reclaimed. Upon receipt of the notice that the
affected land or a portion of it has been reclaimed, the board shall cause the land to
be inspected and shall release the performance and financial warranties or
appropriate portions thereof within thirty days after the board finds the reclamation
to be satisfactory and in accordance with a plan agreed upon by the board and the
operator.
(5) After July 1, 1988, any operator proposing to engage in a mining operation
as provided in this section shall file a permit application to engage in mining prior to
the start of the mining operation.
(6) The office shall process and take final action on applications for permits
made pursuant to subsection (1) or (2) of this section within thirty days after the
filing of the application. If action upon the application is not completed within thirty
days, the permit is deemed approved and shall be promptly issued upon
presentation by the applicant of a financial warranty in the amount provided in
subsection (3) of this section. Sections 34-32-112, 34-32-114, and 34-32-115
concerning publication, notice, written objections, petitions, and supporting
documents shall, so far as practicable, apply to this section, but the board shall, by
rule, provide simplified and reduced procedures and requirements that are
applicable to the thirty-day period. Within the thirty-day period, the board may
make a determination on an application as provided in sections 34-32-114 and 34-32-115.
(7) (a) Any operator conducting an operation under a permit issued under this
section who has held the permit for two consecutive years or more and who
subsequently desires to expand it to a size in excess of the limitation set forth in
subsection (1) or (2) of this section may request the conversion of his permit by filing
an application for a permit pursuant to subsection (2) of this section or section 34-32-112; except that the applicant need not supply information, materials, and other
data and undertakings previously supplied, including any additional materials
provided to the board during the course of his current operation, or resulting from
the board's inspections thereof.
(b) The office shall process and take final action on applications for
conversion of a permit under this subsection (7) in accordance with subsection (2)
of this section or section 34-32-115, as appropriate. If the office does not take
action upon the conversion of the permit in accordance with the time limits of this
subsection (7) or section 34-32-115, the conversion is deemed approved, and a
permit for the life of the mine shall be promptly issued upon presentation by the
applicant of a financial warranty subject to the limitations provided in subsection
(3) of this section or section 34-32-115 (3) or 34-32-117 (4).
(c) The provisions of sections 34-32-112, 34-32-114, and 34-32-115
concerning publication, notice, written objections, petitions, and supporting
documents shall so far as practicable apply to this section.
(d) The board or office shall not deny the conversion of a permit for any
reason other than those set forth in section 34-32-115 (4).
(8) Repealed.
(9) (a) An operator desiring to conduct reclamation-only operations at a
legacy mine pursuant to an application submitted after September 1, 2025, on less
than five acres may apply for the expedited processing of the operator's permit. In
order to obtain a reclamation-only permit pursuant to this subsection (9), an
operator shall file with the office:
(I) Evidence of the source of the operator's legal right to enter and initiate a
reclamation operation on the affected land;
(II) A financial warranty and fee that complies with subsection (3) of this
section;
(III) The address and telephone number of the operator's general office and
the operator's local address or addresses and telephone number;
(IV) The name, address, and telephone number of the owner of the surface of
the affected land and the source of the operator's legal right to enter and initiate a
reclamation operation on the affected land;
(V) A statement that the operator will conduct the operations pursuant to
the terms and conditions listed on the application and in accordance with this
article 32 and the rules adopted pursuant to this article 32 and in effect at the time
the permit was approved or amended;
(VI) A map showing information sufficient to determine the location of the
affected land and existing and proposed roads or access routes to be used in
connection with the reclamation operation;
(VII) The approximate size of the affected land;
(VIII) Information sufficient to describe or identify the type of reclamation
operation proposed, how the operator intends to conduct the reclamation operation,
and the name and location of the mill or facility accepting the materials being
excavated;
(IX) A statement that the operator has applied for necessary local
government approvals; and
(X) A description of measures to be taken to reclaim any affected land
consistent with the requirements of section 34-32-116.
(b) The office shall not issue a reclamation-only permit to a designated
mining operation.
(c) The office shall not issue a reclamation-only permit for a period that
exceeds three years from the initiation of excavation to completion of all
reclamation work.
(d) A reclamation-only permit shall not be converted into any other type of
permit.
(e) Nothing in this subsection (9) relieves a permittee of the duty to comply
with applicable surface water or groundwater quality or radiation control
requirements.
(f) Nothing in this subsection (9) applies to response actions subject to or
required by CERCLA.
(g) The board may adopt rules that define what types of reclamation
activities are permissible and prohibited under this section.