Montana Code 82-4-127. Effect of siting permit on subsequent mining permits
82-4-127. Effect of siting permit on subsequent mining permits. When the department has sufficient information to approve or disapprove a mine-site location permit application on either the entire area being considered for a mine-site location permit or a portion of the area on the grounds listed in 82-4-227(2) and (7), the department shall provide written notification to the operator that the department has enough information to approve or disapprove the application. The decision is binding on the department with regard to strip-mining or underground-mining permit applications as specified in part 2 of this chapter unless:
Terms Used In Montana Code 82-4-127
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-103
- Operator: means a person who intends to operate a new strip mine or new underground mine involving the removal of more than 10,000 cubic yards of mineral or overburden. See Montana Code 82-4-103
- Strip mining: means any part of the process followed in the production of mineral by the opencut method, including mining by the auger method or any similar method that penetrates a mineral deposit and removes mineral directly through a series of openings made by a machine that enters the deposit from a surface excavation or any other method or process in which the strata or overburden is removed or displaced in order to recover the mineral. See Montana Code 82-4-103
- Underground mining: means any part of the process that is followed in the production of a mineral and that uses vertical or horizontal shafts, slopes, drifts, or incline planes connected with excavations penetrating the mineral stratum or strata. See Montana Code 82-4-103
(1)new information is submitted or obtained in compliance with part 2 of this chapter that indicates a situation not existing or known at the time of the issuance of a permit under this part;
(2)an application under this part misrepresented information related to the criteria;
(3)a situation, which was not in existence at the time of the issuance of a permit under this part, develops because of strip mining or underground mining operations.