Current through Register Vol. 6, March 22, 2024
(1)
Bond release may be requested at the following times:
(a) Partial release may be requested and
granted after:
(i) downhole plugging is
completed; and
(ii) backfilling and
grading, pursuant to the approved plan, is completed;
(b) Complete release may be requested and
granted after:
(i) expiration of the
responsibility period of ARM
17.24.1016(4) and
the remaining requirements of this subchapter have been met; or
(ii) when a well has been drilled, completed,
and transferred in accordance with ARM
17.24.647; or
(iii) a determination has been made by the
department that sites remain undisturbed.
(2) The bond release application must be
submitted in duplicate and must include:
(a)
a completed application on forms provided by the department;
(b) copies of letters sent to surface owners
and county commissioners in the county or consolidated government in which the
prospecting occurred. The letters must notify those persons of the permittee's
intent to seek release of performance bond. These letters must include the same
information required in (3);
(c)
final updated, certified maps that include the precise location of each
prospecting disturbance and each permitted site that remains undisturbed. Maps
must be of a workable scale with topographic delineations equal to or better
than those found on United States geological survey topographic maps;
(d) an affidavit of publication of the
advertisement as required by (3). The affidavit must be submitted within 60
days of the date of filing of the application; and
(e) a legal description (to within 10 acres)
of each disturbance.
(3)
At the time of filing an application for bond release, the permittee shall
advertise the filing of the application in a newspaper of general circulation
in the locality of the permit area. The advertisement must:
(a) be placed in the newspaper at least once
a week for two consecutive weeks;
(b) contain the name of the permittee, the
permit number, and the date of issuance or renewal of the permit;
(c) describe the township, range, and section
of the area where release is requested;
(d) describe the extent of disturbance, in
acres, or for prospecting drilling, the total number of drill holes;
(e) indicate total performance bond held and
the amount of bond release requested;
(f) indicate whether reclamation was
completed as approved with regard to surface and subsurface disturbances;
and
(g) state that written
comments, objections, and requests for public hearing may be submitted to the
department within 30 days of the last date of publication of the notice, and
provide the address of the department.
(4) Written objections, comments, and
requests for an informal conference, may be filed by any affected person within
30 days following the last date of advertisement of the filing of the
application. For the purpose of this rule, an "affected person" is:
(a) any person with a valid legal interest
which may be adversely affected by bond release; or
(b) any federal, state or local government
agency that:
(i) has jurisdiction by law with
respect to any environmental, social, or economic impact involved; or
(ii) is authorized to develop and enforce
environmental standards with respect to strip or underground mining
operations.
(5)
The department shall inspect and evaluate the reclamation for which bond
release is requested within a reasonable period of time after receiving a
complete application for bond release. Affected persons shall be given notice
of such inspection and may participate in the inspection.
(6) Informal conferences may be requested in
the same manner provided in ARM
17.24.1113.
(7) Notice of decision must be made in the
same manner as is required for operating permit bonds under ARM
17.24.1114.
AUTH:
82-4-205, MCA; IMP:
82-4-226,
82-4-232,
82-4-235,
MCA