Current through Register Vol. 6, March 22, 2024
(1) The department
shall review each administratively complete application, written comments,
written objections submitted, and records of any informal conference held and
determine the acceptability of the application within 120 days of its
determination of administrative completeness. If the applicant significantly
modifies the application before the acceptability determination, the department
shall conduct a new review, including an administrative completeness
determination, public notice, public review, and 120-day review
period.
(2)
(a) If the application is not acceptable, the
department shall notify the applicant in writing, setting forth the reasons why
it is not acceptable. The department may propose modifications, delete areas,
or reject the entire application. All items not identified as unacceptable are
presumed acceptable.
(b) If the
applicant revises the application in response to a notice of unacceptability,
the department shall review the revised application and notify the applicant
within 120 days of date of receipt, except that if the revision constitutes a
significant modification, the department shall conduct a new review, including
an administrative completeness determination, public notice, and public
review.
(3) If the
department determines that the application is acceptable, the department shall:
(a) publish notice of its determination once
a week for 2 consecutive weeks in a newspaper of general circulation in the
locality of the proposed activity. The notice must state that any person with
an interest that is or may be adversely affected may, within 10 days of the
second published notice, file written objections or file written objections and
request an informal conference within 10 days of the second published notice;
and
(b) if a written objection is
filed and an informal conference requested, hold an informal conference in the
locality of the proposed activity within 20 days of receipt of the request. The
department shall notify the applicant and all parties to the informal
conference of the decision and the reasons therefor within 10 days of the
informal conference.
(4)
The department shall determine the adequacy of the fish and wildlife plan
submitted pursuant to ARM
17.24.312 in consultation with
state and federal fish and wildlife management and conservation agencies having
responsibilities for the management and protection of fish and wildlife or
their habitats which may be affected or impacted by the proposed strip or
underground mining operations.
(5)
The department shall assure that:
(a)
cultural resource locations remain confidential;
(b) a determination of effect is completed
for all listed or eligible cultural resource sites in accordance with
36 CFR
800;
(c) coordination of the review process for
cultural resource compliance is carried out in accordance with the provisions
of the Archeological Resources Protection Act of 1979 (16 USC
470 aa, et seq.), where federal or Indian
lands are involved; and
(d) the
permit review process is coordinated with applicable requirements of the
Endangered Species Act of 1973, as amended (16 USC
1531, et seq.); the Fish and Wildlife
Coordination Act, as amended (16 USC 661, et seq.); the
Migratory Bird Treaty Act of 1918, as amended (16 USC 703, et seq.);
the National Historic Preservation Act of 1966, as amended (16 USC
470, et seq.); and the Bald Eagle Protection
Act, as amended (16 USC
469, et seq.).
(6) If the department decides to approve the
application, it shall require that the applicant file the performance bond or
provide other equivalent guarantee before the permit is issued.
(7)
(a) If,
based on available information concerning federal and state failure-to-abate
cessation orders, unabated federal and state imminent harm cessation orders,
delinquent civil penalties issued pursuant to
30 USC
1268, bond forfeitures where violations upon
which the forfeitures were based have not been corrected, delinquent abandoned
mine reclamation fees, and unabated violation of federal and state laws, rules,
and regulations pertaining to air or water environmental protection incurred in
connection with any strip or underground coal mining operation, the department
determines that issuance of the permit is prohibited pursuant to
82-4-227(11),
MCA, the department may issue the permit only upon a showing that the applicant
or person who either owns or controls the applicant or is owned or controlled
by the applicant has filed and is presently pursuing, in good faith, a direct
administrative or judicial appeal to contest the validity of the
violation.
(b) If the initial
judicial hearing authority either denies a stay applied for in the appeal or
affirms the violation, then any strip or underground coal mining operations
being conducted under a permit issued according to this section must be
terminated within 30 days of the judicial decision, unless the applicant
provides within that period, proof that the violation has been or is in the
process of being resolved to the satisfaction of the agency having jurisdiction
over the violation.
(8)
Any permit that is issued on the basis of proof submitted under
82-4-227(11),
MCA, that a violation is in the process of being corrected, or pending the
outcome of an appeal described in (7), must be conditionally issued.
AUTH:
82-4-205,
82-4-206, MCA; IMP:
82-4-226,
82-4-231,
MCA