(1) Under certain circumstances the mineral
developer or the governing body of an affected county (on its own behalf or on
behalf of another affected government unit within the county) may petition the
board to amend an approved impact plan. The requirements and procedures for
petitioning to amend a plan are provided in 90-6-311, MCA, and a
petition for an amendment must include or identify the following:
(a) when applicable, a copy of a
resolution, dated and signed by the governing body of each local government
unit that is requesting the amendment, authorizing the county to submit the
petition for the amendment of the impact plan;
(b) date of the petition;
(c) the name of the mineral developer;
(d) county in which mineral development is
located;
(e) name, address, phone number and
signature(s) of each petitioner (county and/or mineral developer) ;
(f) all local government units believed by
the petitioner to be affected by the proposed amendment;
(g) as required by 90-6-311(2) ,
MCA, an explanation of the need for an amendment, a statement of the facts and
circumstances underlying the need for an amendment, and a description of the
corrective measures proposed by the petitioner;
(h) the costs and commitments identified in
the approved plan which will be changed as a result of the proposed amendment,
with the relevant pages in the plan cited;
(i) other provisions of the approved plan
which may be changed by the proposed amendment, with the relevant pages cited
and substitute language proposed that will make the plan consistent throughout;
(j) a statement as to which of the
following is the legal basis for the petition:
(i) that the plan itself provides for
amendment under certain conditions and that those conditions have been met with
the conditions specified and the pages on which they are established cited. The
petitioner must establish that the conditions have been met;
(ii) that employment at the large-scale
mineral development is forecast to increase or decrease by at least 75 persons,
as determined under 90-6-302(4) , MCA, over or under the employment
levels contemplated by the approved impact plan;
(iii) that the approved impact plan is
materially inaccurate because of errors in assessment and that two years have
not elapsed since the date the facility began commercial production with the
date the facility began commercial production indicated; or
(iv) that the governing body of an affected
county and the mineral developer are joining in the petition to amend the
impact plan.