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 17.24.405 - FINDINGS AND NOTICE OF DECISION

Current through Register Vol. 13, July 5, 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."