Current through Register Vol. 6, March 22, 2024
(1) A person who
intends to prospect for coal or uranium on land not included in a valid strip
or underground mining permit must obtain a prospecting permit from the
department if the prospecting will be:
(a)
conducted to determine the location, quality, or quantity of a mineral deposit
and will substantially disturb, as defined in ARM
17.24.301, the natural land
surface; or
(b) conducted to
determine the location, quality, or quantity of mineral using drilling
operations; or
(c) conducted on an
area designated unsuitable for strip or underground coal mining pursuant to
82-4-227 or
82-4-228, MCA, or ARM
17.24.1131.
(2) An application for a prospecting permit
must be made on forms provided by the department and, except for an application
for a coal drilling operation that is subject to the application and review
requirements of
82-4-226(8), MCA,
must be accompanied by the following information:
(a) the name, address, and telephone number
of the applicant and, if applicable, the representative of the applicant who
will be present at and be responsible for the prospecting;
(b) documentation that the proposed
prospecting program would not adversely affect any area possessing special,
exceptional, critical, or unique characteristics as defined in
82-4-227, MCA. The applicant shall
promptly report the existence of such characteristics if in the course of
prospecting he becomes aware of them;
(c) identification of any historical,
archaeological, and ethnological values in the area to be affected to the same
extent required for a permit application by ARM
17.24.304(1)(b)
and possible mitigating measures to be exercised should any of those values be
encountered;
(d) for any lands
protected under
82-4-227(13),
MCA, or ARM 17.24.1131, a demonstration that, to the extent technologically and
economically feasible, the proposed prospecting activities will minimize
interference with the values for which those lands were designated. The
application must include documentation of consultation with the owner of the
feature causing the land to come under the designation, and, when applicable,
with the agency with primary jurisdiction over the feature with respect to the
values that caused the land to be so designated;
(e) a narrative description of the
significant fish and wildlife species and habitats in the general area of
operations, including rare and endangered species and critical habitats, as
listed by the U.S. fish and wildlife service and other appropriate agencies,
and written documentation from appropriate management agencies that the
proposed prospecting activity will not adversely affect such species;
(f) documentation that habitats of unique or
unusually high value to fish and wildlife would not be disturbed;
(g) a narrative description of the local
topographic and geologic formations, scenic values, and vegetation in the area
to be affected;
(h) a prospecting
map that meets the following requirements:
(i) the map must be of sufficient size and
scale to adequately show all areas to be prospected. Standard United States
geological survey topographic quadrangle maps must be used as base maps, if
available;
(ii) whenever
prospecting by test hole is proposed, the maps must include proposed locations
of test holes. Specific locations for initial prospecting shall be shown by
quarter section, section, township, and range. New road construction for drill
rig or seismic equipment access must be clearly indicated on the maps.
Permanent roads, and roads that are to be abandoned, must be
identified;
(iii) each map must
contain:
(A) proposed excavations or test
pits and disposal areas for excavated earth and waste materials shown by
location and size;
(B) locations of
streams, lakes, stockwater ponds, wells, and springs that are known or readily
discoverable proximate to prospecting operations;
(C) roads and access routes;
(D) location of occupied dwellings and
pipelines;
(E) a description and
location of historic, topographic, cultural and drainage features;
(F) the location of habitat of species
described in (e); and
(G) the name,
address, and phone number of surface owners and surface lessees of the land
affected;
(H) a certification in
the same form required in ARM
17.24.305(2)(b);
(i) a narrative
description of the prospecting program including at a minimum:
(i) a description of the proposed method of
prospecting;
(ii) the type of
equipment to be used in the prospecting;
(iii) the size, depth, and number and
location by legal description, of proposed drill holes (refer to map location),
the depth(s) of any known subsurface ground water occurring above the deepest
projected depth of the prospecting operation, the drilling medium used (air,
water, mud, etc.), and the method of containing drilling fluids;
(iv) a description of the plugging procedures
and materials used to comply with the provisions of ARM
17.24.1005(3);
(v) a discussion of preventive and corrective
measures that will be taken to guard against or correct water pollution
problems that may develop with streams, lakes, stockwater ponds, wells or
springs, and other measures proposed to be followed to protect the environment
from adverse impacts;
(vi) a plan
showing earth moving proposed for roads, disposal pits, and drill sites in
compliance with ARM
17.24.1006(2) and
17.24.1009; and
(vii) a drill hole marking technique that
provides durable markers and that will allow the department to locate the drill
hole for bond release inspection purposes;
(j) the mineral or minerals to be
prospected;
(k) a listing of all
surface and subsurface estate owners, their current mailing addresses and
phone;
(l) copies of the documents
upon which the applicant bases his or her legal right to prospect for the
mineral or minerals on the land affected;
(m) documentation that the owners of the land
affected have been notified and understand that the department must make
investigations and inspections necessary to ensure compliance with the Act,
applicable rules, and permit conditions;
(n) an estimated timetable for conducting and
completing each phase of prospecting and reclamation;
(o) the measures to be taken to comply with
the performance standards of this subchapter;
(p) the proposed post-disturbance land use;
and
(q) the proposed public notice
of the prospecting activities and proof of publication, in accordance with ARM
17.24.303(1)(x).
The procedures of ARM
17.24.401(3) and
(5),
17.24.402, and
17.24.403 must be followed in the
processing of a prospecting permit application.
(3) A prospecting permit is issued on a
yearly basis and is subject to renewal, suspension, and revocation in the same
manner as a strip or underground mining permit.
(4) Each person who conducts prospecting
shall, while in the prospecting area, have available a copy of the prospecting
permit for review by the department upon request.
(5) Prospecting operations conducted pursuant
to a prospecting permit are subject to all provisions of this subchapter except
ARM 17.24.1018.
(6) The department may not approve a
prospecting permit application unless the application affirmatively
demonstrates and the department finds in writing, on the basis of information
set forth in the application or information otherwise available that is
compiled by the department, that:
(a) the
application is complete and accurate and that the prospecting and reclamation
will be conducted in accordance with all applicable requirements of this
subchapter;
(b) the proposed
prospecting operation will not jeopardize the continued existence of endangered
or threatened species or result in destruction or adverse modifications of
their critical habitats;
(c) the
application complies with applicable federal and state cultural resource
requirements, including ARM
17.24.318,
17.24.1131 and
17.24.1137; and
(d) the proposed prospecting activities will
meet the requirements of (2)(d) and that the owner of the feature causing any
land to come under a protected designation, pursuant to
82-4-227(13),
MCA, or ARM 17.24.1131, and, when applicable, with the agency with primary
jurisdiction over the feature with respect to the values that caused the land
to be so designated, have been provided the opportunity to comment on the
department's finding on this matter.
(7) Prospecting-related activities or
facilities that are conducted or created in accordance with this rule and ARM
17.24.1002 through
17.24.1014 and
17.24.1016 through
17.24.1019 must be transferred to
a valid strip or underground mining permit whenever such activities or
facilities become part of mine operations in conjunction with ARM
17.24.308(1)(b)
or 17.24.609.