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(1) Any person wishing to operate a mill or disturb land in anticipation of construction or operation of a mill must obtain an operating permit for each mill complex on a form prescribed by the department before disturbance of land in anticipation of construction or operation of the mill or associated facilities.

(2) Prior to receiving an operating permit, the applicant must:

(a) pay a $500 filing fee to the department unless the mill application is associated with and submitted concurrently with a new operating permit application submitted under 82-4-335 , MCA;

(b) indicate the proposed date for commencement of milling and the minerals to be milled and the conceptual life of the mill;

(c) provide a map or maps to scale of the mill area (such map must locate the proposed mill and must locate and identify streams, and proposed roads, railroads, and utility lines in the immediate area and residences and wells within one mile of the permit area) . All maps provided in the application must have a uniform base, a scale, and a north directional arrow;

(d) file a reclamation bond pursuant to 82-4-338 , MCA;

(e) file a plan of operation including construction, operating, monitoring and contingency plans; and

(f) file a reclamation plan.

(3) The department shall provide public notice of mill applications, consistent with 82-4-353 , MCA.

History: 82-4-321, MCA; IMP, 82-4-335, MCA; NEW, 1990 MAR p. 1008, Eff. 6/1/90; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2002 MAR p. 3590, Eff. 12/27/02.

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