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. 13, July 5, 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:
(a) the name and business address of the
				applicant;
(b) a map or
				description, which must:
(i) clearly show or
				describe towns, rivers, streams, or other bodies of water, local landmarks, and
				any other information, including routes, streets, or roads and accurate
				distance measurements, necessary to allow local residents to readily identify
				the proposed permit area;
(ii) for
				all applications except major revision applications, clearly show or describe
				the exact location and boundaries of the proposed permit area and state the
				acreage of that area; and
(iii) if
				a map is used, indicate the north point;
(c) the location where a copy of the
				application is available for public inspection under (6);
(d) the name and address of the department
				and the fact that written comments, objections, or requests for informal
				conferences on the application may be submitted by any person with an interest
				that is or may be adversely affected to the department within 30 days following
				the last advertisement of the application;
(e) if an applicant seeks a permit to conduct
				mining operations within 100 feet of the outside right-of-way of a public road
				or to relocate or close a public road, a concise statement describing the
				public road, the particular operations within the 100 feet or the particular
				part to be relocated or closed, where any relocation or closure is to occur,
				and the duration of the operations or relocation;
(f) if an alternative postmining land use
				plan is submitted, a brief description of the plan; and
(g) if an extension of time to commence
				mining is sought, the length of extension applied for. (See ARM
				17.24.412.)