Section R652-21-704 - Required ShowingsBefore the division and an Operator may enter into an Operations Royalty Agreement permitting the extraction of a nominated Great Salt Lake Element or Mineral, such Operator shall submit the following information in its Operations Application to the division:
(1) applicant information, including: (a) legal name, permanent address, telephone number, and email address of the Operator;(b) name and permanent address of the Operator's registered agent in the Utah;(c) name, address, email address, and telephone number of the primary contact, including the person to whom requests for additional information should be addressed;(d) signature of the Operator, signed by an officer of the corporation, if applicable;(e) a description of the Operator's experience and knowledge predicating the Operator's ability to commercially produce elements or minerals from the brines of Great Salt Lake; and(f) information regarding the nature and status of any existing contractual disputes with the State, regulatory actions, or alleged noncompliance, including plans to resolve or remedy such disputes or alleged noncompliance;(2) proof of a Sampling Royalty Agreement;(3) evidence supporting Operator Certification of No Negative Impacts, under Section R652-21-705;(4) project information, including:(a) type of Great Salt Lake Element or Mineral to be extracted;(b) type of operations to be conducted, including the types of technology, and a description of how, including in what sequence, they are to be employed through all stages of operations;(c) a detailed description of the Operator's plan and operations for extraction, including estimated dates when operations may begin and end and the dates withdrawals or discharges may take place;(d) identification of the Royalty Rate Deduction the Operator desires to obtain and all data, information, and reporting required for the division's analysis of such Royalty Rate Deduction;(e) surface use occupancy and ownership thereof, including a description of any infrastructure to be placed on Great Salt Lake sovereign land and upland development necessary for operations;(f) proof that Bonding is in place with the division and the Division of Oil, Gas & Mining, if applicable;(g) proof of a reclamation plan negotiated with and approved by the division;(h) a detailed description of the location, processing, and storage of Great Salt Lake Elements or Minerals;(i) estimated amounts of Great Salt Lake Element or Mineral to be produced;(j) the anticipated operational recovery rate for the Great Salt Lake Element or Mineral;(k) estimated amounts of Operational Waste to be produced;(l) copies of any easements, permits, approvals, agreements, applications or other documents required for initiation of operations;(m) proof of all pending or acquired water rights and related appropriations necessary for operations or a detailed plan demonstrating how the Applicant will acquire water rights necessary to perform operations once in receipt of an Operations Royalty Agreement;(n) a detailed description of any agreements, contracts, options, and other financial arrangements entered into by the Operator and a third-party relating to operations; and(o) evidence and supporting documentation establishing Commercial Viability for the Life of Mine, including both the method of evaluation and the data used in such evaluation;(5) proof of an executed Cooperative Agreement;(6) Self-Certification operations may not violate Subsection 65A-6-1(3);(7) the information identified in Section R652-21-805; and(8) any other information the division or Director considers necessary to approve the application, including proprietary information regarding planned technology.Utah Admin. Code R652-21-704
Adopted by Utah State Bulletin Number 2024-20, effective 10/8/2024