17.24.1112    BONDING: ADVERTISEMENT OF RELEASE APPLICATIONS AND RECEIPT OF OBJECTIONS

(1) Upon receipt of notice of the department's determination of administrative completeness, the applicant shall advertise the approved public notice of the application in a newspaper of general circulation in the locality of the permit area. The advertisement must:

(a) be placed in the newspaper at least once a week for four consecutive weeks;

(b) show the name of the permittee and the number and date of issuance or renewal of the permit;

(c) show the precise location and the number of acres of the lands subject to the application;

(d) show the total amount of bond in effect for the permit area and the amount for which release is sought;

(e) summarize the reclamation, restoration or abatement work done including, but not limited to, backstowing or mine sealing, if applicable, and give the dates of completion of that work;

(f) identify the portion of bond release, as described in ARM 17.24.1116, applied for;

(g) describe the reclamation results achieved, as they relate to compliance with the Act, the rules adopted thereunder, and the approved mining and reclamation plan and permit; and

(h) state that written comments, objections, and requests for public hearing or informal conference may be submitted to the department by any affected person, and provide the address of the department and the closing date by which comments, objections, and requests must be received.

(2) Written objections to the proposed bond release, requests for an informal conference, and requests for public hearing may be filed with the department by any affected person within 30 days following the last advertisement of the filing of the application. For the purpose of this rule, an affected person is:

(a) a person with a valid legal interest which might be adversely affected by bond release; or

(b) the responsible officer or head of any federal, state or local government agency that:

(i) has jurisdiction by law or special expertise with respect to any environmental, social or economic impact involved, or

(ii) is authorized to develop and enforce environmental standards with respect to strip or underground mining operations.

 

History: 82-4-205, MCA; IMP, 82-4-223, 82-4-232, 82-4-235, 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. 3042; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2012 MAR p. 737, Eff. 4/13/12; AMD, 2024 MAR p. 260, Eff. 2/10/24.