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(1) Upon receipt of a permit application and within the time limits provided in 82-4-432(4) , MCA, the department shall inspect the proposed site and evaluate the application to determine if the requirements of the Act and this subchapter will be satisfied.  If the department is unable to evaluate a permit application because weather or other field conditions prevent an adequate site inspection, then the application must be disapproved.

(2) The department shall approve a permit application if it determines that:

(a) the application contains the following:

(i) $50 application fee, if required;

(ii) a completed copy of the permit application form provided by the department;

(iii) plan of operation submitted on a form provided by the department;

(iv) bond or other security, if required;

(v) a completed copy of the landowner consent form; and

(vi) a completed copy of the zoning compliance form; and

(b) the application materials satisfy the requirements of the Act and this subchapter.

(3) Before approving an operator's permit application, the department shall submit a copy of the plan of operation, including map(s) , to the state historic preservation office for evaluation of possible cultural resources in the proposed permit area.  If the site is likely to contain significant cultural resources, the department may require that the operator sponsor a cultural resources survey by a competent professional authority prior to approving the application.

(4) A permit must provide that the operator shall comply with the requirements of the Act and this subchapter.

(5) A permit does not become operative until issued by the department, and an applicant may not begin opencut operations until a permit is issued.

History: 82-4-422, MCA; IMP, 82-4-402, 82-4-422, 82-4-423, 82-4-431, 82-4-432, 82-4-434, MCA; NEW, Eff. 9/5/73; AMD, Eff. 11/4/74; AMD, Eff. 2/5/76; AMD, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2004 MAR p. 317, Eff. 2/13/04.

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