(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:
Evidence of the source of the person's legal right to enter and initiate a mining operation on the affected land; and
A financial warranty that complies with subsection (3) of this section.
Repealed.
Effective July 1, 2014, a person desiring to conduct mining operations on five acresor 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:
The address and telephone number of the operator's general office and the operator'slocal address or addresses and telephone number;
The name, address, and telephone number of the owner of the surface of the affectedland and the source of the applicant's legal right to enter and initiate a mining operation on the affected land;
The name of the owner of the subsurface rights of the affected land;
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;
A map showing information sufficient to determine the location of the affected landand existing and proposed roads or access routes to be used in connection with the mining operation;
The approximate size of the affected land;
Information sufficient to describe or identify the type of mining operation proposedand how the operator intends to conduct it;
A statement that the operator has applied for necessary local government approvals;and
Measures to be taken to reclaim any affected land consistent with the requirements ofsection 34-32-116.
(b) and (c) (Deleted by amendment, L. 93, p. 1178, § 4, effective July 1, 1993.) (d) Repealed.
(Deleted by amendment, L. 93, p. 1178, § 4, effective July 1, 1993.)
Except as specified in paragraph (d) of this subsection (1), 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:
The address and telephone number of the general office and the local address oraddresses and telephone number of the operator;
The name, address, and telephone number of the owner of the surface of the affectedland and the source of the applicant's legal right to enter and initiate a mining operation on the affected land;
The name of the owner of the subsurface rights of the affected land;
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;
A map showing information sufficient to determine the location of the affected landand existing and proposed roads or access routes to be used in connection with the mining operation;
The approximate size of the affected land;
Information sufficient to describe or identify the type of mining operation proposed and how the operator intends to conduct it;
A statement that the operator has applied for necessary local government approval;
Measures to be taken to reclaim any affected land consistent with the requirementsof 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.
A fee as specified in section 34-32-127 (2), and a financial warranty in an amount theboard shall determine pursuant to section 34-32-117 (4), shall accompany the application and shall be paid by the applicant.
The operator, at any time after the completion of reclamation, may notify the boardthat 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.
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.
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, 34-32114, 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.
(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.
The office shall process and take final action on applications for conversion of apermit under this subsection (7) in accordance with subsection (2) of this section or section 3432-115, 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).
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.
The board or office shall not deny the conversion of a permit for any reason otherthan those set forth in section 34-32-115 (4).
(8) Repealed.
Source: L. 76: Entire article R&RE, p. 730, § 1, effective July 1. L. 79: (9) added, p. 1251, § 1, effective May 25. L. 81: (9) amended, p. 1677, § 1, effective April 30; (3), (5), (7), and (8)(b) amended, p. 1668, § 4, effective June 19. L. 82: (9) amended, p. 628, § 38, effective April 2. L. 85: (3) amended, p. 1127, § 1, effective April 24. L. 88: Entire section R&RE, p. 1204, § 7, effective July 1. L. 91: (8) amended, p. 756, § 31, effective April 4; (3) amended, p. 1419, § 2, effective May 6; (3) and (8) amended, p. 1433, § 5, effective July 1; (8) amended, p. 1072, § 51, effective July 1. L. 92: (8) amended, p. 2181, § 49, effective June 2; IP(1)(a), (1)(b), (1)(c), (1)(e), IP(2)(a), (2)(b), and (7)(d) amended, p. 1939, § 37, effective July 1. L. 93: (1) and
IP(2)(a) amended, p. 1178, § 4, effective July 1. L. 96: (8) repealed, p. 179, § 3, effective April
18. L. 2008: IP(2)(a) amended, p. 936, § 2, effective May 20. L. 2014: (1)(a), (1)(d), IP(2)(a), (2)(a)(II), (6), and (7)(b) amended and (1)(f) added, (SB14-076), ch. 42, p. 210, § 1, effective March 20.
Editor's note: (1) This section is similar to former § 34-32-109 as it existed prior to 1976.
Amendments to subsection (3) by Senate Bill 91-177 and House Bill 91-1115 wereharmonized. Amendments to subsection (8) by House Bill 91-1115 and House Bill 91-1198 were harmonized.
Subsection (1)(d)(III) provided for the repeal of subsection (1)(d), effective July 1,2015. (See L. 2014, p. 210.)