Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting
Rule 17.24.1018 - NOTICE OF INTENT TO PROSPECT
Current through Register Vol. 6, March 22, 2024
(1) This rule applies to a prospecting operation that is outside an area designated unsuitable for coal mining pursuant to 82-4-227 or 82-4-228, MCA, and that is:
(2) A person who conducts a prospecting operation as described in (1) must, before conducting the prospecting operations, file with the department a notice of intent to prospect that meets the requirements of (3) and (4). A notice of intent to prospect is effective for one year after it is filed. If prospecting activities described in a notice are not conducted within the year, they may be incorporated by reference in a subsequent notice of intent to prospect.
(3) The notice must include copies of the documents upon which the applicant bases his or her legal right to prospect on the land affected.
(4) The notice must document that the owners of the land affected have been notified and understand that the department shall make investigations and inspections necessary to ensure compliance with the Act, applicable rules, and notice of intent conditions. The notice must also include the current mailing address and phone number of each affected landowner.
(5) A notice of intent for prospecting activities that will not substantially disturb, as defined in ARM 17.24.301, the natural land surface must contain the following:
(6) A notice of intent to prospect for prospecting operations that will substantially disturb, as defined in ARM 17.24.301, the natural land surface, must contain the following to the extent that it is applicable to the proposed prospecting operation:
(7) Within 30 days of receipt of a notice of intent to prospect, the department shall notify the person who filed the notice whether the notice meets the requirements of this rule.
(8) Each person who conducts prospecting under a notice of intent shall, while in the prospecting area, have available to the department for review upon request a copy of the notice of intent to prospect.
(9) All provisions of this subchapter, except ARM 17.24.1001, 17.24.1003, 17.24.1014, 17.24.1016, 17.24.1017, and 17.24.1019 apply to a notice of intent to prospect.
82-4-226, MCA; IMP, 82-4-226, MCA;