Utah Admin. Code R850-23-500 - Application Procedures

1. Application Filing.

(a) Applications for permits may be submitted to any office of the agency during office hours pursuant to Rule R850-3.

(b) The director may approve applications for permits for common varieties of sand, gravel, or cinders in accordance with the bid solicitation process described in Subsection R850-23-500(2), subject to Section R850-23-1400, Over-the-Counter Sales.

2. Bid Solicitation Processes.

(a) In the absence of any valid permit, or any valid lease for the same commodity upon the same land, the agency may offer for competitive bid permits when exposing the site to the market could reasonably be expected to produce permitted materials sales. A notice of lands available for competitive filing for permits shall be made in a manner to reasonably solicit competitive bid applications. Notices of competitive filing shall contain the procedure by which the agency shall award the permit.

(b) Upon acceptance of any permit application for common varieties of sand, gravel, or cinders the agency shall solicit competing applications through publication at least once a week for two consecutive weeks in one or more newspapers of general circulation in the county in which the permit is offered. At least 30 days before bid opening, certified notification will be sent to permittees of record, adjacent permittees or lessees, and adjacent landowners. Notices will also be posted in the local governmental administrative building or the county courthouse. Notification and advertising shall include the legal description of the parcel and any other information which may create interest in the parcel. The successful applicant shall bear the cost of the advertising.

(c) The agency shall allow all applicants at least 20 days from the date of mailing of notice, as evidenced by the certified mail posting receipt, Postal Service form 3800, within which to submit a sealed bid containing their proposal for the subject parcel. Competing bids shall be evaluated using the criteria found in Sections R850-30-500, R850-80-200, R850-90-200, and R850-170-900, for special use leases, sales, exchanges, or renewable energy leases, respectively.

(d) If no competing applications involving sale, lease, or exchanges are received by the deadline published pursuant to Subsection R850-23-500(2)(b), then the agency shall award the permit based on the following criteria:

(i) amount of bonus bid;

(ii) amount and rate of proposed materials extraction; and

(iii) other criteria and assurances of performances as the agency shall require by permit or advertise before bidding.

Notes

Utah Admin. Code R850-23-500

Amended by Utah State Bulletin Number 2022-20, effective 10/11/2022