UTAH REGULATORY PROGRAM

UTAH ADMINISTRATIVE CODE (UAC)
NATURAL RESOURCES
R645.  OIL, GAS AND MINING; COAL
(Current as of March 1, 2003)

UAC R645-102.       EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-
                    FINANCED HIGHWAY OR OTHER CONSTRUCTION.
     UAC R645-102-100         Scope and Responsibility.
     UAC R645-102-200         Applicability.
     UAC R645-102-300         Information to be Maintained on Site.

NOTE:
Cross references to OSM's federal regulations and SMCRA appear in double braces to the right of the Rule or
Section number, e.g., "UC Sec. 40-10-3          DEFINITIONS.                                  {{ SMCRA Secs. 526, 701 }}"
or "UAC R645-100-400          APPLICABILITY.                    {{ 30 CFR 700.11 }}".  The cross references were
compiled using the preambles to OSM's approval of amendments to the Utah Regulatory Program published in the
Federal Register and from the file of Utah's regulatory material in the COALEX Library in LexisNexis.

ALSO NOTE:
The official form for citing to the Utah Code is as follows: "Sec. 40-10-1, Utah Code".  The format used here is for
short-hand purposes.


UAC R645-102-100    SCOPE AND RESPONSIBILITY.  

UAC R645-102-110.  Scope.  

     R645-102-111.  R645-102 establishes the procedures for determining those coal mining and reclamation
operations which are exempt from the Act and the R645 Rules because the extraction of coal is an incidental part of
federal, state, or local government-financed highway or other construction.  

     R645-102-112.  R645-102 exempts the extraction of coal which is incidental to government-financed construction
from the requirements of the Act and the R645 Rules, if that extraction meets specified criteria which ensure that the
construction is government-financed and that the extraction of coal is incidental to it.  

UACR645-102-120.  Responsibility.  

     R645-102-121.  The Division is responsible for enforcing the requirements of R645-102.  

     R645-102-122.  Any person conducting coal extraction as an incidental part of government-financed construction
is responsible for possessing, on the site of the extraction activity, the documentation required by R645-102-300.  


UAC R645-102-200    APPLICABILITY.  

UAC R645-102-210.  Coal extraction which is an incidental part of government-financed construction is exempt
from the Act and the R645 Rules.  

UAC R645-102-220.  Any person who conducts or intends to conduct coal extraction which does not satisfy R645-
102-210 will not proceed until a permit has been obtained from the Division, pursuant to the State Program.  


UAC R645-102-300    INFORMATION TO BE MAINTAINED ON SITE.  

   Any person extracting coal incident to government-financed highway or other construction who extracts more than
250 tons of coal or affects more than two acres will maintain, on the site of the extraction operation and available for
inspection, documents which show:  

UAC R645-102-310.  A description of the construction project;  

UAC R645-102-320.  The exact location of the construction, right-of-way or the boundaries of the area which will be
directly affected by the construction; and  

UAC R645-102-330.  The government agency which is providing the financing and the kind and amount of public
financing, including the percentage of the entire construction costs represented by the government financing.  

KEY: reclamation, coal mines
Date of Enactment or Last Substantive Amendment: 1988
Notice of Continuation: July 27, 1998
Authorizing, Implemented, or Interpreted Law: 40-10-1 et seq.