(1) This rule applies to a prospecting operation that is outside an area designated unsuitable for coal mining pursuant to 82-4-227 or 82-4-228 , MCA, and that is:

(a) conducted for the purpose of gathering environmental data to establish the conditions of an area before beginning strip or underground mining; or

(b) conducted for the purpose of determining the location, quality, or quantity of a natural mineral deposit but does not substantially disturb, as defined in ARM 17.24.301, the natural land surface.

(2) A person who conducts a prospecting operation must, before conducting the prospecting operations, file with the department a notice of intent to prospect that meets the requirements of (3) or (4) . A notice of intent to prospect is effective for one year after it is filed. If prospecting activities described in a notice are not conducted within the year, they may be incorporated by reference in a subsequent notice of intent to prospect.

(3) The notice must include copies of the documents upon which the applicant bases his or her legal right to prospect on the land affected.

(4) The notice must document that the owners of the land affected have been notified and understand that the department shall make investigations and inspections necessary to ensure compliance with the Act, applicable rules, and permit conditions. The notice must also include the current mailing address and phone number of each affected landowner.

(5) A notice of intent for prospecting activities that will not substantially disturb, as defined in ARM 17.24.301, the natural land surface must contain the following:

(a) information required in ARM 17.24.1001(2) (a) through (i) , and (2) (l) through (n) ;

(b) sufficient additional information to demonstrate to the department's satisfaction that the prospecting activity will not substantially disturb the natural land surface.

(6) A notice of intent to prospect for prospecting operations that will substantially disturb, as defined in ARM 17.24.301, the natural land surface, must contain the following:

(a) information required in ARM 17.24.1001(2) (a) through (i) , and (2) (l) through (n) ;

(b) a statement that information required in ARM 17.24.1002(1) and (2) will be provided;

(c) a statement that prospecting activities will be conducted in compliance with the requirements of ARM 17.24.1004 through 17.24.1013 and sufficient information to demonstrate to the department's satisfaction that the performance standards of these rules will be met.

(7) Within 30 days of receipt of a notice of intent to prospect pursuant to (3) or (4) , the department shall notify the person who filed the notice whether the notice meets the requirements of (3) or (4) .

(8) Each person who conducts prospecting which substantially disturbs the natural land surface shall, while in the prospecting area, have available to the department for review upon request a copy of the notice of intent to prospect.

(9) All provisions of this subchapter, except ARM 17.24.1001(1) , (2) (j) , (k) , and (q) , (3) , (4) , and (5) , 17.24.1003, 17.24.1014, 17.24.1016, and 17.24.1017, apply to a prospecting operation for which a permit is not required pursuant to ARM 17.24.1001.