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Rule: 17.24.119 Prev     Up     Next    
Rule Title: PERMIT AMENDMENTS
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Department: ENVIRONMENTAL QUALITY, DEPARTMENT OF
Chapter: RECLAMATION
Subchapter: Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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17.24.119    PERMIT AMENDMENTS

(1) An application for a major amendment must:

(a) contain a summary of changes in disturbances, in resources affected, and in construction, operating, reclamation, monitoring, and contingency plans;

(b) provide dated replacement or supplemental resource data, plans, and maps as outlined in ARM 17.24.115, or cross reference applicable data, plans, or maps in the previously permitted plan of operation, in order to identify the existing environment and resources affected, as well as changes in permit boundaries, in total disturbances, and in construction, operating, reclamation, monitoring, and contingency plans;

(c) identify any additional resource data necessary to the evaluation of the proposed amendment;

(d) provide an updated or comprehensive facilities map; and

(e) clearly indicate on the facilities map all bonding areas subject to pre-July 1, 1974, bonding levels. No action under this subsection affects a bond in effect under pre-July 1, 1974, bonding levels.

(2) For an application for a major amendment, the department shall implement the application, notice and hearing requirements for new permits pursuant to 82-4-337 and 82-4-353 , MCA, and prepare necessary environmental analyses pursuant to the Montana Environmental Policy Act.

(3) An application for minor amendment must:

(a) contain a summary of proposed changes in sufficient detail for the department to determine whether further environmental analysis under Title 75, chapter 1, MCA, is required;

(b) contain dated replacement pages and necessary supplemental resource data and plans, and maps in order to identify changes in permit boundaries, total disturbances, and plans;

(c) contain an updated or comprehensive facilities map;

(d) contain a statement of the applicant's rationale for asserting nonsignificance pursuant to 82-4-337 (7) , MCA;

(e) identify previous environmental analyses relevant to the amendment; and

(f) clearly indicate on the facilities map all bonding areas subject to pre-July 1, 1974, bonding levels. No action under this section affects a bond in effect under pre-July 1, 1974, bonding levels.

(4) For a minor amendment, the department shall not implement the application, notice and hearing requirements for new permits pursuant to 82-4-337 and 82-4-353 , MCA. The department shall provide the permittee with a notice of decision on the adequacy of the minor amendment application within 30 days of receipt of the application.

History: 82-4-321, 82-4-337, 82-4-342, MCA; IMP, 82-4-337, 82-4-342, MCA; NEW, 1994 MAR p. 2952, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Eff. 4/9/99; AMD, 2002 MAR p. 3590, Eff. 12/27/02.


 

 
MAR Notices Effective From Effective To History Notes
12/27/2002 Current History: 82-4-321, 82-4-337, 82-4-342, MCA; IMP, 82-4-337, 82-4-342, MCA; NEW, 1994 MAR p. 2952, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Eff. 4/9/99; AMD, 2002 MAR p. 3590, Eff. 12/27/02.
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