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sufficient to adversely affect any person, any property, or the environment, the board shall <br />exempt such operations whether conducted pursuant to section 34-32-110 or otherwise. The <br />board may promulgate rules governing the conduct of mining operations which are exempted <br />pursuant to this subsection (2). <br />(3) When promulgating rules governing designated mining operations, the board shall <br />consider the economic reasonableness, the technical feasibility, and the level or degree of any <br />environmental concerns which may result from: <br />(a) Designated mining operations which qualify for permits under section 34-32-110 <br />which shall be referred to as "11 Od" permits; <br />(b) Designated mining operations which qualify for permits under section 34-32-112, <br />but which affect less than fifty acres and extract less than one million tons per year which <br />shall be referred to as "112d-1" permits; <br />(c) Designated mining operations which qualify for permits under section 34-32-112 <br />which-do-not qualify-as-1-12d=1-permits-but-which affect-less than one hundred acres an - <br />which extract less than five million tons per year which shall be referred to as "112d-2" <br />permits; or <br />(d) Any other designated mining operation which shall be referred to "I l2d-3" <br />permits. <br />(4) (a) By rule or as a condition of issuing a permit, the board or office may require <br />an operator to have an inspection and certification of any new environmental protection <br />facility during its construction at a designated mining operation. Any such rule or condition <br />may include a prohibition on subsequent phases of construction or operation until any <br />required inspections have been performed and the requisite certification has been obtained. <br />(b) (I) An inspection and certification shall be conducted by a properly qualified <br />professional. <br />(II) The office may be present during any inspection and certification conducted <br />pursuant to subparagraph (I) of this paragraph (b) and may require the operator to take any <br />corrective actions necessary to obtain and verify certification. <br />(III) Any inspection and certification conducted by or under the supervision of the <br />office shall be conducted promptly after the office is notified that the facility is ready to be <br />M inspected and shall not unduly delay the construction or operation schedule. <br />34-32-113. Prospecting notice - reclamation requirements. (1) Any person <br />desiring to conduct prospecting shall, prior to entry upon the lands, file with the board a <br />notice of intent to conduct prospecting operations on a form approved by the board. Such <br />notice shall be accompanied by a fee as specified in section 34-32-127 (2). <br />(2) The notice form shall contain the following: <br />(a) The name of the person or organization doing the prospecting; <br />(b) A statement that prospecting will be conducted pursuant to the terms and <br />conditions listed on the approved form; <br />(c) A brief description of the type of operations which will be undertaken; <br />(d) A description of the lands to be prospected by township and range; <br />-14- <br />December 4, 2007