Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program
Rule 17.24.1265 - DEPARTMENT ELIGIBILITY REVIEW
Current through Register Vol. 6, March 22, 2024
(1) In making a permit eligibility determination, the department shall rely upon the information supplied by the applicant pursuant to ARM 17.24.1264(1), information from AVS, and any other available information to review. The department shall review:
(2) If the applicant and the operator have no previous mining experience, the department may conduct an additional review to determine if someone else with mining experience controls the mining operation.
(3) Based on the reviews pursuant to (1) and (2), the department shall determine whether the applicant is eligible for a permit under (4).
(4) Except as provided in ARM 17.24.405(6)(h), the applicant is not eligible for a permit if approval is prohibited by 82-4-227(11) or (12), MCA.
(5) After approving a permit under ARM 17.24.405, the department may not issue the permit until:
(6) If the applicant is ineligible for a permit under this rule, the department shall send written notification of the decision to the applicant, stating the reason for the finding of ineligibility and giving notice of the applicant's right to challenge the decision under ARM 17.24.1266.
AUTH: 82-4-205, MCA; IMP: 82-4-227, MCA