Current through Register Vol. 6, March 22, 2024
(1) The department
shall prepare written findings approving or denying an application filed
pursuant to ARM
17.24.401(1) in
whole or in part no later than 45 days from the date of the acceptability
determination except as provided by
75-1-208(4) (b),
MCA.
(2) Whenever the department
has determined that it must prepare an environmental impact statement prior to
a permit decision, the department shall complete the environmental impact
statement in accordance with
82-4-231, MCA.
(3) Whenever an informal conference has been
held, the department shall give its written findings and notice of decision to
the applicant and to each party to the conference, approving, modifying or
denying the application in whole, or in part, and stating the specific reasons
therefor in the decision.
(4)
Whenever no informal conference has been held, the department shall give its
written findings and notice of decision to the applicant, approving, modifying
or denying the application in whole, or in part, and stating the specific
reasons in the decision.
(5)
Simultaneously with distribution of the written findings and notice of decision
under (3) and (4), the department shall give a copy of its findings and notice
of decision to each person or government official who filed a written objection
or comment with respect to the application.
(6) The department may not approve an
application submitted pursuant to ARM
17.24.401(1)
unless the application affirmatively demonstrates and the department's written
findings confirm, on the basis of information set forth in the application or
information otherwise available that is compiled by the department, that:
(a) the application is complete and accurate,
that the applicant has complied with the Act and rules, and that the applicant
has demonstrated reclamation can be accomplished;
(b) the permit area is not within an area
being considered for or has not been designated as unsuitable for
mining;
(c) the hydrologic
consequences and cumulative hydrologic impacts will not result in material
damage to the hydrologic balance outside the permit area;
(d) the applicant has paid all reclamation
fees from previous and existing operations nationwide;
(e) the operation would not affect the
continued existence of endangered or threatened species or result in
destruction or adverse modifications of their critical habitats;
(f) the applicant has complied with
applicable federal and state cultural resource requirements, including ARM
17.24.318,
17.24.1131 and
17.24.1137;
(g) the applicant has applied for any
required air quality and water quality permits;
(h) approval of the application is not
prohibited pursuant to
82-4-227(11),
MCA, or that, if the applicant has existing violations, the applicant has filed
and is presently pursuing, in good faith, a direct administrative or judicial
appeal to contest the validity of the violation;
(i) approval of the application is not
prohibited pursuant to
82-4-227(12),
MCA;
(j) if an alternative
postmining land use is proposed, the requirements of ARM
17.24.821 and
17.24.823 have been met;
(k) for mining operations where the private
mineral estate to be mined has been severed from the private surface estate,
the applicant has submitted the documentation required under ARM
17.24.303;
(l) the applicant proposes to use existing
structures in compliance with ARM
17.24.1302; and
(m) if the application is for a remining
operation, the permit area is a "previously mined area."
(7)
(a) If
the department decides to approve the application, it shall:
(i) require the applicant to date, correct,
or indicate that no change has occurred in the information submitted pursuant
to ARM 17.24.303(1) (a) through (h) and (k) through
(m);
(ii) reconsider the decision to approve the
application based on the compliance review required by ARM
17.24.404 and
82-4-227(11),
MCA, in light of any new information submitted pursuant to (i); and
(iii) if, after reconsideration pursuant to
(ii), the department determines that permit issuance is not prohibited, require
that the applicant file the required performance bond or provide other
equivalent guarantee.
(b)
Upon submission of bond or guarantee, the department shall grant the permit,
revision, or amendment.
AUTH:
82-4-205,
82-4-206, MCA; IMP:
82-4-226,
82-4-231,
MCA
