Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.303 - LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Each application must contain, in any
				format prescribed by the department, the following information:
(a) the name, permanent and temporary post
				office addresses, telephone numbers, and, as applicable, social security
				numbers and employer identification numbers of the applicant, applicant's
				resident agent, and the person who will pay the abandoned mine reclamation fee
				pursuant to 30 USC
				1232;
(b) the location and area of land to be
				affected by the operation, with a description of access to the area from the
				nearest public highway;
(c) the
				names and addresses of legal and equitable owners of record, lessees, and
				purchasers under contract for deed of the surface of the area of land to be
				affected by the permit and the owners of record and purchasers under contract
				for deed of all surface area within one-half mile of any part of the affected
				area;
(d) the names and addresses
				of the present owners of record and purchasers under contract for deed of all
				subsurface minerals in the land to be affected and land contiguous to the land
				to be affected;
(e) the names and
				addresses of any persons who are engaged in strip or underground mining on
				behalf of the applicant and any person who will conduct such operations should
				the permit be granted;
(f) a
				statement of whether the applicant is a corporation, partnership, single
				proprietorship, association or other business entity;
(g) for each person who owns or controls the
				applicant under the definition of "owned or controlled" and "owns or controls"
				in ARM 17.24.301, as applicable:
(i) the person's name, address, social
				security number, and employer identification number;
(ii) the person's ownership or control
				relationship to the applicant, including percentage of ownership and location
				in organizational structure;
(iii)
				the title of the person's position, date position was assumed, and, when
				submitted under ARM
				17.24.413(4),
				date of departure from the position;
(iv) each additional name and identifying
				number, including employer identification number, federal or state permit
				number, and mine safety and health administration number with date of issuance,
				under which the person owns or controls, or previously owned or controlled, a
				coal mining and reclamation operation in the United States within the five
				years preceding the date of the application; and
(v) the application number or other
				identifier of, and the regulatory authority for, any other pending coal mining
				operation permit application filed by the person in any state in the United
				States;
(h) for any
				surface coal mining operations that the applicant or the applicant's operator
				owned or controlled within the five-year period preceding the date of the
				submission of the application, and for any surface coal mining operation the
				applicant or the applicant's operator owns or controls on that date, the
				applicant must provide the:
(i) permittee's
				and operator's name and address;
(ii) permittee's and operator's taxpayer
				identification numbers;
(iii)
				federal or state permit number and corresponding Mine Safety and Health
				Administration number;
(iv)
				regulatory authority with jurisdiction over the permit; and
(v) permittee's and operator's relationship
				to the operation, including percentage of ownership and location in the
				organizational structure;
(i) for any coal mining operation owned or
				controlled by either the applicant or by any person who owns or controls the
				applicant, the operation's:
(i) name;
				address; identifying numbers, including employer identification numbers,
				federal or state permit number, and mine safety and health administration
				number; date of issuance of the mine safety and health administration number;
				and the regulatory authority; and
(ii) ownership or control relationship to the
				applicant, including percentage of ownership and location in organizational
				structure;
(j) the name
				of the proposed mine and the mine safety and health administration
				identification number for the mine and all sections, if any;
(k) a list of all lands, interests in lands,
				options, or pending bids on interests held or made by the applicant for lands
				which are contiguous to the area to be covered by the permit;
(l) a statement of whether the applicant or
				any person associated with the applicant holds or has held any prospecting or
				uranium operating permits under the Act and an identification of those
				permits;
(m) a certified statement
				of whether the applicant, operator, any subsidiary, affiliate, or persons
				controlled by or under common control with the applicant or operator, is in
				compliance with
				82-4-251, MCA, and, if known,
				whether any officer, partner, director, or any individual owning of record or
				beneficially, alone or with associates, ten percent or more of any class of
				stock of the applicant is subject to any of the provisions of
				82-4-251, MCA, and whether any of
				the foregoing parties or persons have ever had a strip mining or underground
				mining license or permit issued by any other state or federal agency revoked or
				have ever forfeited a strip mining or underground mining bond or a security
				deposited in lieu of a bond and, if so, a detailed explanation of the facts
				involved in each case must be attached including:
(i) identification number and date of
				issuance of the permit and, when applicable, date and amount of bond or similar
				security;
(ii) identification of
				the authority that suspended or revoked a permit or forfeited a bond and the
				stated reasons for that action;
(iii) the current status of the permit, bond,
				or similar security involved;
(iv)
				the date, location, and type of any administrative or judicial proceedings
				initiated concerning the suspension, revocation, or forfeiture; and
(v) the current status of these
				proceedings;
(n) for any
				violation of a provision of 30 USC 1201, et seq., or of any
				law, rule, or regulation of the United States, or of any state law, rule, or
				regulations enacted pursuant to federal law, rules, or regulations pertaining
				to air or water environmental protection incurred in connection with any coal
				mining operation, a list of all violation notices received by the applicant
				during the three-year period preceding the application date, and a list of all
				unabated cessation orders and unabated air and water quality violation notices
				received prior to the date of the application by any coal mining and
				reclamation operation owned or controlled by either the applicant or by any
				person who owns or controls the applicant. For each violation notice or
				cessation order reported, the list must include the following information, as
				applicable:
(i) any identifying numbers for
				the operation, including the federal or state permit number and mine safety and
				health administration number, the dates of issuance of the violation notice and
				mine safety and health administration number, the name of the person to whom
				the violation notice was issued, and the name of the issuing regulatory
				authority, department, or agency;
(ii) a brief description of the violation
				alleged in the notice;
(iii) the
				date, location, and type of any administrative or judicial proceeding initiated
				concerning the violation, including, but not limited to, proceedings initiated
				by any person identified in this section to obtain administrative or judicial
				review of the violation;
(iv) the
				current status of the proceedings and of the violation notice; and
(v) the actions, if any, taken by the person
				identified in this section to abate the violation;
(o) copies of the documents upon which the
				applicant bases his or her legal right to enter and begin mining operations in
				the permit area and whether that right is the subject of pending litigation.
				The applicant may request confidentiality on any proprietary information within
				such documents;
(p)
(i) whenever the private mineral estate to be
				strip mined has been severed from the private surface estate, an applicant
				shall also submit:
(A) a copy of the written
				consent of the surface owner for the extraction of mineral by strip mining
				methods;
(B)
(I) a copy of the conveyance that expressly
				grants or reserves the right to extract mineral by those methods; or
(II) if the conveyance does not expressly
				grant the right to extract the mineral by strip mining methods, documentation
				that under Montana law the applicant has the legal right to extract the mineral
				by those methods;
(ii) nothing in this section may be construed
				to authorize the department to adjudicate property rights disputes;
(q) a statement of available
				information on whether the proposed permit area is within an area designated
				unsuitable for coal mining operations or under study for designation in an
				administrative proceeding and if the applicant claims the exemption based on
				substantial legal and financial commitments made before January 4, 1977, and
				information supporting the applicant's claim;
(r) if mining within 300 feet of an occupied
				dwelling is proposed, the waiver of the owner of the dwelling;
(s) a statement of the anticipated or actual
				starting and termination date of each phase of mining and the anticipated
				number of acres of land to be affected for each phase of mining and over the
				total life of the permit;
(t)
				either a certificate of liability insurance or evidence that the self-insurance
				requirements of
				82-4-222(5), MCA,
				are satisfied (see also ARM
				17.24.1125);
(u) a list of all other licenses and permits
				needed by the applicant to conduct the proposed mining. This list must identify
				each license and permit by:
(i) type of
				permit or license;
(ii) name and
				address of issuing authority;
(iii)
				identification numbers of applications for those permits or licenses or, if
				issued, the identification numbers of the permits or licenses; and
(iv) if a decision has been made, the date of
				approval or disapproval by each issuing authority;
(v) the name and address of the public office
				where the applicant will file a copy of the application for public
				inspection;
(w) the name,
				address, and telephone number of the resident agent who will accept service of
				process on behalf of the applicant;
(x) a copy of the proposed newspaper
				advertisement of the application and proof of publication of the notice after
				it is published as required in ARM
				17.24.401(3);
				and
(y) a map of the mine plan area
				showing the areas upon which strip or underground mining occurred:
(i) prior to August 3, 1977;
(ii) after August 3, 1977, and prior to May
				3, 1978;
(iii) after May 3, 1978,
				and prior to April 1, 1980;
(iv)
				after April 1, 1980, and before January 13, 1989; and
(v) after January 13, 1989, and before
				October 22, 2004.
(z) The
				map of the mine plan area must also designate the areas from which coal removal
				had not commenced as of October 22, 2004.