NOTICE OF HEARING – DOCKET NO. 2019-014 CAUSE NO. C/007/0045 – BEFORE THE BOARD OF OIL, GAS AND MINING – DEPARTMENT OF NATURAL RESOURCES – STATE OF UTAH

THE STATE OF UTAH TO ALL PERSONS INTERESTED IN THE FOLLOWING MATTER. 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. NOTICE IS HEREBY GIVEN that the Board of Oil, Gas and Mining (the “Board”), State of Utah, will conduct a hearing on Wednesday, September 22, 2021, at 10:00 a.m., or as soon thereafter as possible. The hearing will be streamed live on the Department of Natural Resources YouTube channel at https://youtu.be/NJm2pW-DcAA. It is anticipated the hearing will be conducted electronically with an anchor location at the Department of Natural Resources auditorium, 1594 West North Temple, Salt Lake City, Utah., pursuant to Utah Code Ann. § 52-4-207(4). Members of the public who wish to participate in the meeting electronically must contact the Board’s secretary, Ms. Julie Ann Carter, by phone at 801-538-5277 or email at juliecarter@utah.gov prior to the meeting. The Board will also provide limited space in the Division of Natural Resources Auditorium for the public to attend in-person. Members of the public who wish to attend the meeting in-person should contact Ms. Carter at least 24 hours before the hearing to ensure appropriate accommodations will be available. Attendees will be required to abide by all public health protocols in place at the time of the meeting. Anyone wishing to comment on the September public meeting’s agenda topics should contact the Board Secretary prior to the hearing for accommodation. Anyone who may wish to observe the public meeting electronically may do so by logging on to the YouTube channel specified above. 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. THE PURPOSE OF THE HEARING will be for the Board to receive testimony and evidence regarding an Ex Parte Petition For Temporary Stay And Request For Agency Action Re The Former Wellington Dry-Coal Cleaning Facility, Permit No. C/007/0045 (the “Petition”)  filed by the Wellington Recovery Project, LLC, a Delaware limited liability company, (“WRP”) the current owner of the site formerly permitted by BRC Wellington, LLC for its Wellington Dry Coal Cleaning Facility, petitioning the Board of Oil, Gas and Mining for an Order: 1. Staying reclamation at the site by Utah Division of Oil, Gas & Mining (“DOGM” or “the Division”) pending consultation with the landowner and proposed purchaser regarding the anticipated postmining land use; and 2. Providing such other equitable relief as may be just and reasonable based on the evidence and arguments provided at the hearing. OBJECTIONS TO THE PETITION must be filed with the Secretary of the Board at the address listed below no later than the 8th day of September, 2021. 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 Petition, and any subsequent pleadings, may be inspected at the office of the undersigned, and inspected online at the Board’s website at http://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 24th day of August 2021.

STATE OF UTAH
BOARD OF OIL, GAS AND MINING
Chris D. Hansen, 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 September 1, 2021.

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