Current through Register Vol. 6, March 22, 2024
(1) An application
for renewal of a prospecting permit must be submitted by the permittee on forms
provided by the department. The application must be submitted at least 15 days
prior to the anniversary date of the permit and must include:
(a) the number of drill holes
permitted;
(b) the number of drill
holes disturbed;
(c) a listing of
any other surface disturbances;
(d)
the number of acres of land disturbed by the operation;
(e) the number of drill holes and other
disturbances that have been reclaimed and the extent such has been carried out;
and
(f) an updated map that shows
all revisions to the current permit.
(2) No transfer or assignment of any
prospecting permit may be made without the prior written approval of the
department.
(3) The department may
not approve any transfer or assignment of any permit unless the potential
transferee or assignee:
(a) obtains the
performance bond coverage of the original permittee by:
(i) obtaining transfer of the original
bond;
(ii) obtaining a written
agreement with the original permittee and all subsequent successors in interest
(if any) that the bond posted by the original permittee and all successors
shall continue in force on all areas affected by the original permittee and all
successors, and supplementing such previous bonding with such additional bond
as may be required by the department. If such an agreement is reached, the
department may authorize for each previous successor and the original permittee
the release of any remaining amount of bond in excess of that required by the
agreement; or
(iii) providing
sufficient bond to cover the original permit in its entirety from inception to
completion of reclamation operations; and
(b) provides the department with an
application for approval of such proposed transfer, assignment, or sale,
including:
(i) the name and address of the
existing permittee;
(ii) the name
and address of the person proposing to succeed by such transfer, assignment, or
sale and the name and address of that person's resident agent and a brief
description of the proposed transaction; and
(iii) the same information as is required in
subchapter 10 for applications for new permits.
(4) The successor shall immediately provide
notice to the department of the consummation of the transfer, assignment, or
sale of permit rights. Upon receipt of this notice, the department shall
release the original permittee from all obligations not retained under
(3).
AUTH:
82-4-205, MCA; IMP:
82-4-226,
MCA
