Terms Used In Montana Code > Title 82 > Chapter 4 > Part 4 - Opencut Mining Reclamation

• Affected land: means the area of land and land covered by water that is disturbed by opencut operations. See Montana Code 82-4-403
• Amendment: means a change to the approved permit. See Montana Code 82-4-403
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 82-4-403
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-403
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landowner: means the holder of legal title to land subjected to an opencut operation. See Montana Code 82-4-403
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Materials: means bentonite, clay, scoria, peat, sand, soil, gravel, or mixtures of those substances. See Montana Code 82-4-403
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupied dwelling unit: means a structure with permanent water and sewer facilities that is used as a home, residence, or sleeping place by at least one person who maintains a household that is lived in as a primary residence. See Montana Code 82-4-403
• Opencut operation: means activities conducted for the primary purpose of sale or utilization of materials, including:

  (a)mine site preparation;

  (b)(i) removing the overburden and mining directly from the exposed natural deposits; or

  (ii)mining directly from natural deposits of materials;

  (c)processing of materials mined from the natural deposits, except that processing facilities located more than 300 feet from where materials were mined or are permitted to be mined are not part of the opencut operation;

  (d)transporting, depositing, staging, and stockpiling of overburden and materials unless the activity occurs more than 300 feet from where the materials were mined or are permitted to be mined;

  (e)storing or stockpiling of materials at processing facilities that are part of the opencut operation;

  (f)reclamation of affected land; and

  (g)parking or staging of vehicles, equipment, or supplies unless:

  (i)the activity is separated from other opencut operations by at least 25 feet and is connected to the opencut operation by a single road that is no more than 25 feet wide; or

  (ii)the activity is inside the construction disturbance area shown on a construction project plan. See Montana Code 82-4-403

• Operator: means a person who holds a permit issued pursuant to this part. See Montana Code 82-4-403
• Overburden: means the earth that lies above a natural deposit of materials. See Montana Code 82-4-403
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :

  (a)a natural person;

  (b)a firm, association, partnership, cooperative, or corporation;

  (c)a department, agency, or instrumentality of the state or any governmental subdivision; or

  (d)any other entity. See Montana Code 82-4-403

• Plan of operation: means a plan that:

  (a)meets the requirements of 82-4-434; and

  (b)contains a description of current land use, topographical data, hydrologic data, soils data, proposed mine areas, proposed mining and processing operations, proposed reclamation, and appropriate maps. See Montana Code 82-4-403

• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Processing facilities: means :

  (a)crushers, screens, and pug mills;

  (b)asphalt, wash, and concrete plants;

  (c)treatment, sedimentation, or retention areas for processing facilities; and

  (d)areas receiving washout from vehicles and equipment using the processing facilities. See Montana Code 82-4-403

• Property: means real and personal property. See Montana Code 1-1-205
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Reclamation: means the reconditioning of affected land to make the area suitable for productive use, including but not limited to forestry, agriculture, grazing, wildlife, recreation, or residential or industrial development. See Montana Code 82-4-403
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Soil: means the dark or root-bearing surface matter that has been generated through time by the interaction of biological activity, climate, topography, and parent material and that is capable of sustaining plant growth and is recognized and identified as such by standard authorities and methods. See Montana Code 82-4-403
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Venue: The geographical location in which a case is tried.
• Water conveyance facilities: means existing diversions, aqueducts, canals, ditches, drains, flumes, headgates, syphons, or other structures or infrastructure actively used to facilitate the beneficial use of a water right under Title 85. See Montana Code 82-4-403
• Writing: includes printing. See Montana Code 1-1-203