Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.4 - Strip and Underground Mine Reclamation Act: Mine Permit and Test Pit Prospecting Permit Procedures
Rule 17.24.401 - FILING OF APPLICATION AND NOTICE
Current through Register Vol. 6, March 22, 2024
(1) An applicant for an operating permit, a test pit prospecting permit, a renewal of an operating permit or test pit prospecting permit, a major revision to an operating permit or test pit prospecting permit, or an amendment (other than an incidental boundary revision) to add acreage to an operating permit or a test pit prospecting permit shall file the application with the department's main office in Helena and, if directed by the department, with the federal coal regulatory authority.
(2) The department shall determine whether an application is administratively complete within 90 days of receipt and shall immediately notify the applicant in writing of its determination. If the department determines an application is not administratively complete, the notice must list the specific items not adequately addressed in the application. Any items not listed in the notice are presumed to be addressed. If the department determines that the application is administratively complete, the notice must also advise the applicant whether an environmental impact statement must be prepared.
(3) Upon receipt of notice of the department's determination of administrative completeness, the applicant shall place an advertisement in a newspaper of general circulation in the locality of the proposed activity at least once a week for four consecutive weeks. The advertisement must contain, at a minimum, the following information:
(4) For filing and public notice procedures for bond release applications, see ARM 17.24.1112.
(5) Immediately upon issuance of a determination of administrative completeness, the department shall:
(6) Upon receipt of the department's determination of administrative completeness, the applicant shall make a full copy of the complete application available for the public to inspect and copy by filing a copy of the application with the recorder at the courthouse of the county where the mining is proposed to occur, or, if approved by the department, at another equivalent public office. The department may approve filing at an equivalent public office if it determines that that office will be more accessible to local residents than the county courthouse. The applicant shall file any subsequent revision of the application with the clerk and recorder or other approved public office at the same time the revision is submitted to the department.
AUTH: 82-4-205, MCA; IMP: 82-4-222, 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA