40-10-9 - Permit required for surface coal mining operations -- Exemptions -- Expiration of permit -- Maximum time for commencement of mining operations -- Renewal of permit.
40-10-9. Permit required for surface coal mining operations -- Exemptions --Expiration of permit -- Maximum time for commencement of mining operations -- Renewalof permit.
(1) No person shall engage in or carry out surface coal mining operations within the stateunless that person has first obtained a permit issued by the division pursuant to an approvedmining and reclamation program, but the permit will not be required if the operations are exemptas provided in Section 40-10-5.
(2) (a) All permits issued pursuant to the requirements of this chapter shall be issued fora term not to exceed five years; but if the applicant demonstrates that a specified longer term isreasonably needed to allow the applicant to obtain necessary financing for equipment and theopening of the operation, and if the application is full and complete for the specified longer term,the division may grant a permit for the longer term.
(b) A successor in interest to a permittee who applies for a new permit within 30 daysafter succeeding to the interest and who is able to obtain the bond coverage of the originalpermittee may continue surface coal mining and reclamation operations according to theapproved mining and reclamation plan of the original permittee until the successor's applicationis granted or denied.
(3) (a) A permit shall terminate if the permittee has not commenced the surface coalmining operations covered by the permit within three years after the issuance of the permit; butthe division may grant reasonable extensions of time upon a showing that the extensions arenecessary by reason of litigation precluding this commencement or threatening substantialeconomic loss to the permittee, or by reason of conditions beyond the control and without thefault or negligence of the permittee.
(b) With respect to coal to be mined for use in a synthetic fuel facility or specific majorelectric generating facility, the permittee shall be deemed to have commenced surface miningoperations at such time as the construction of the synthetic fuel or generating facility is initiated.
(4) (a) (i) Any valid permit issued pursuant to this chapter shall carry with it the right ofsuccessive renewal upon expiration with respect to areas within the boundaries of the existingpermit.
(ii) The holders of the permit may apply for renewal, and the renewal shall be issued (buton application for renewal the burden shall be upon the opponents of renewal), subsequent tofulfillment of the public notice requirements of Sections 40-10-13 and 40-10-14 unless it isestablished that and written findings by the division are made that:
(A) the terms and conditions of the existing permit are not being satisfactorily met;
(B) the present surface coal mining and reclamation operation is not in compliance withthe approved plan;
(C) the renewal requested substantially jeopardizes the operator's continuingresponsibility on existing permit areas;
(D) the operator has not provided evidence that the performance bond in effect for theoperation will continue in full force and effect for any renewal requested in the application aswell as any additional bond the division might require pursuant to Section 40-10-15; or
(E) any additional revised or updated information required by the division has not beenprovided.
(iii) Prior to the approval of any renewal of any permit, the division shall provide noticeto the appropriate public authorities.
(b) If an application for renewal of a valid permit includes a proposal to extend themining operation beyond the boundaries authorized in the existing permit, the portion of theapplication for renewal of a valid permit which addresses any new land areas shall be subject tothe full standards applicable to new applications under this chapter; but if the surface coal miningoperations authorized by a permit issued pursuant to this chapter were not subject to thestandards contained in Subsections 40-10-11(2)(e)(i) and 40-10-11(2)(e)(ii) by reason ofcomplying with the provisions of Subsection 40-10-11(2)(e), then the portion of the applicationfor renewal of the permit which addresses any new land areas previously identified in thereclamation plan submitted pursuant to Section 40-10-10 shall not be subject to the standardscontained in Subsections 40-10-11(2)(e)(i) and 40-10-11(2)(e)(ii).
(c) (i) Any permit renewal shall be for a term not to exceed the period of the originalpermit established by this chapter.
(ii) Application for permit renewal shall be made at least 120 days prior to the expirationof the valid permit.
Amended by Chapter 306, 2007 General Session