(1) All non-existing or non-operating mines at the time of passage of Title 82, chapter 4, part 1, MCA, (Strip Mine Siting Act) from which 10,000 cubic yards of mineral or overburden will be removed are subject to the Act.

(2) A person currently engaged in strip mining activities and contemplating an expansion of existing strip mine may, at any time, request that the department, by declaratory ruling, determine whether said contemplated expansion constitutes a new strip mine.   The request shall be made in writing and shall include:

(a) topographic map showing the total proposed mining area of the contemplated expansion, as known, and the relationship of the proposed expansion to the existing mine and facilities;

(b) narratives and maps describing soils, wildlife, geologic structure, and vegetation of the proposed expansion. The department may require narratives and maps as described by Title 82, chapter 4, part 1, MCA, rules and regulations pursuant thereto and current departmental guidelines;

(c) total number of acres involved in the proposed expansion;

(d) a brief narrative describing what expansion of facilities or new construction, if any, is contemplated.

(3) The department shall, within 90 days from receipt of a request, including the above required information, notify the person in writing whether the proposed expansion constitutes a new strip mine.   The department may not act on a request until sufficient information required by this rule is submitted.

(4) A determination by the department shall not apply, or affect subsequent rulings or determinations if the expansion is not conducted as outlined in the original request.