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(1) Information set forth in the application must be accurate, current, presented clearly and concisely, submitted in a format acceptable to the department, and supported by appropriate references to technical and other written material available to the department.

(2) All tests, analyses, surveys, and data collection carried out pursuant to these rules must be performed or certified by a qualified person using scientifically valid techniques approved by the department and must be carried out at appropriate times and under appropriate conditions.

(3) All chemical and physical laboratory analyses must be conducted by a laboratory using departmentally approved and standardized procedures. The operator shall make available to the department quality assurance information or duplicate or split samples, as required by the department.

(4) All technical data submitted in the application must be accompanied by:

(a) names and addresses of persons or organizations that collected and analyzed such data;

(b) dates of the collection and analyses; and

(c) descriptions of methodology used to collect and analyze the data.

(5) An application for a mining permit must be made on forms provided by the department.

(6) For applications to mine areas containing federal lands, an appropriate number of copies, as determined in consultation with the department, of all applications, maps, reports or other informational data must be submitted to the department and to the federal coal regulatory authority. For applications to mine areas not containing federal lands, two copies of all applications, maps, reports, and other informational data must be submitted to the department, unless otherwise approved by the department.

(7) All maps depicting detail must be at a scale of 400 feet to the inch, or other scale as approved by the department. Maps depicting general conditions such as property ownership, must be at a scale of 1,000 feet to the inch. Maps depicting the general surface conditions of large areas such as the location of prospecting drill holes must be on a current 7.5 minute U.S. geological survey map or equivalent.

(8) With the information on land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality, and archeological, cultural and historic features, the applicant shall submit the name, address, and position of officials of each private or academic research organization or governmental agency consulted in obtaining that information.

(9) Whenever used in the application, referenced materials must either be provided to the department by the applicant or be readily available to the department. When provided, relevant portions of referenced published materials must be presented briefly and concisely in the application by photocopying or abstracting and with explicit citations.


History: 82-4-205, MCA; IMP, 82-4-222, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2012 MAR p. 737, Eff. 4/13/12; AMD, 2024 MAR p. 255, Eff. 2/10/24.

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