82-4-104. Application. The provisions of this part shall not apply where any preparatory work was conducted prior to January 1, 1974, or for which contracts for preparatory work or the sale of Montana coal from a new strip mine by an operator holding a valid permit under 82-4-221 were in existence and proven specific notice thereof given to the department prior to January 1, 1974.

Terms Used In Montana Code 82-4-104

  • Coal: means a combustible carbonaceous rock formed from the compaction and induration of variously altered plant remains. See Montana Code 82-1-111
  • 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
  • Preparatory work: means all onsite disturbances, excluding prospecting, associated with the initiation of a new strip mine or underground mine, including but not limited to the construction of railroad spurs or loops, buildings to house mining operations, roads, storage and train load-out facilities, transmission lines, erection of draglines and loading shovels, and other associated facilities. See Montana Code 82-4-103