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Rule Title: APPLICATION FOR PERMIT: GENERAL REQUIREMENTS AND PROCEDURES
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Department: ENVIRONMENTAL QUALITY
Chapter: RECLAMATION
Subchapter: Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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17.24.1803    APPLICATION FOR PERMIT: GENERAL REQUIREMENTS AND PROCEDURES

(1) If desired by the applicant, meetings with departmental staff may be arranged prior to formal permit application.   Such meetings would provide further information and clarify guidelines to be used in preparing application submittals.

(2) The application shall contain in completed form all of the proposed mining area resource inventories, maps, data, analyses, surveys and other information deemed necessary by the department to determine the acceptability of the proposed mining area under the criteria specified in 82-4-227(2) through (6), MCA.   The application shall also contain such resource data, maps, surveys, analyses, and other information as the department deems necessary for a preliminary review of the proposed mining area under the criteria specified in 82-4-227(1) and (5), MCA. If the application is not basically complete regarding the information required to determine acceptability under the criteria specified in this section required at the time of application the department shall notify the applicant within 90 days of receipt of the application and delineate deficient areas.   When the department determines the application is basically complete, the 365 day review period established in 82-4-122, MCA, begins on the date the last of the application materials was submitted.

(3) If field inspections or an in-depth review of application materials submitted reveals that supplemental information is necessary, the department shall require such information at any time during the review process.   If the necessary supplemental information is not submitted by the applicant in time for adequate departmental consideration and review, the permit shall be denied.   If a permit is denied solely on these grounds, an applicant may submit a new application form, reference the supportive information previously submitted and request a waiver of the 365 day review period.

(4) All tests, analyses, or surveys carried out pursuant to these rules and regulations shall be performed or certified by a qualified person.   The method and/or procedures used in a given test, analysis or survey shall be documented and described.

(5) An application for a mine site location permit shall be made on forms provided by the department.

(6) Three copies of all applications, maps, reports or other data shall be required.

 

History: 82-4-112, MCA; IMP, 82-4-122, MCA; NEW, Eff. 4/4/75; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2024 MAR p. 260, Eff. 2/10/24.


 

 
MAR Notices Effective From Effective To History Notes
17-432E 2/10/2024 Current History: 82-4-112, MCA; IMP, 82-4-122, MCA; NEW, Eff. 4/4/75; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2024 MAR p. 260, Eff. 2/10/24.
4/4/1975 2/10/2024 History: 82-4-111, 82-4-112, MCA; IMP, 82-4-122, MCA; NEW, Eff. 4/4/75; TRANS, from DSL, 1996 MAR p. 2852.
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