THE STATE OF UTAH TO ALL PERSONS INTERESTED IN THE FOLLOWING MATTER (Docket No. 2019-014):
NOTICE IS HEREBY GIVEN that the Board of Oil, Gas and Mining (“Board”), State of Utah, will conduct a hearing on WEDNESDAY, May 22, 2019, at 10:00 AM, or as soon thereafter as possible, in the auditorium of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah. The hearing will be streamed live on the Department of Natural Resources YouTube channel at https://youtu.be/-LY5hUX6J9s.
THE HEARING WILL BE CONDUCTED as a formal administrative adjudication in accordance with the rules of the Board as set forth in Utah Administrative Code R641 et seq. and as provided for in Utah Code Ann. § 40-10-1 et seq. and Utah Code Ann. § 63G-4-101 through 601.
DOCKET NO. 2019-014 CAUSE NO. C/007/0045 – In re: Request by the Utah Division of Oil, Gas, and Mining to forfeit the reclamation surety in order to complete reclamation of the Wellington Dry-Coal Cleaning Facility, Permit No. C/007/0045, located in Section 14, Township 15 South, Range 10 East, SLBM, Carbon County, Utah.
THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Notice of Agency Action (“Notice”) filed by the Utah Division of Oil, Gas, and Mining (“Division”), that the Board enter an Order: 1. Forfeiting the reclamation surety to the Division in order to provide it with funds to reclaim lands disturbed by the Wellington Dry-Coal Cleaning Facility, permit no. C/007/0045 in Wellington, Utah, (the “Facility”). 2. Authorizing the Division to use the proceeds to reclaim any area disturbed by the Facility and the Coal Waste to the extent the Division can do so with the funds available; 3. Authorizing the Division and the Utah Attorney General to take such actions as are authorized and necessary to collect civil penalties from BRCW and Bowie and to recover additional civil penalties from the individual officers, directors and agents of Bowie and BRCW or the controlling entities; 4. To the extent the areas disturbed by mining cannot be reclaimed by the forfeited Surety and civil penalties, retaining jurisdiction to the extent necessary and authorizing the Division to pursue all actions appropriate and necessary to determine the liability of persons who were owners and controllers of the mining operations and pursue any relief authorized by the Coal Act, including recovery from such persons in the amounts necessary to reclaim all disturbances associated with the Facility and the Coal Waste; 5. Granting such further or alternative relief, including authorizing the Division to pursue civil and criminal actions, as may be justified by the facts and law as determined at the hearing; and 6. Retaining jurisdiction over the pendency of this matter and the parties as necessary to obtain the relief requested.
Objections to the Notice for Agency Action must be filed with the Secretary of the Board at the address listed below no later than May 8, 2019. A party must file a timely written objection or other response in order to participate as a party at the Board hearing. Failure to participate can result in a default judgment. Natural persons may appear and represent themselves before the Board. All other representation of parties before the Board will be by attorneys licensed to practice law in the State of Utah, or attorneys licensed to practice law in another jurisdiction which meet the rules of the Utah State Bar for practicing law before the Utah Courts. Persons interested in this matter may participate pursuant to the procedural rules of the Board. The Notice of Agency Action, and any subsequent pleadings, may be inspected at the office of the undersigned, and inspected online at the Utah Board of Oil, Gas and Mining’s website at https://ogm.utah.gov/amr/boardtemp/redesign/books.html. Pursuant to the Americans with Disabilities Act, persons requiring auxiliary communicative aids and services to enable them to participate in this hearing should call Julie Ann Carter at (801) 538-5277, at least three working days prior to the hearing date.
DATED this 25th day of April, 2019.
STATE OF UTAH
BOARD OF OIL, GAS AND MINING
Ruland J. Gill, Jr., Chairman
/s/ Julie Ann Carter
Board Secretary
1594 West North Temple, Suite 1210
Salt Lake City, Utah 84116
(801) 538-5277
Published in the ETV Newspaper on May 1, 2019.