Montana Code 82-4-439. Extended review — criteria — timeframes
82-4-439. Extended review — criteria — timeframes. (1) The department may subject an opencut application to an extended review if the department determines that comments received at a public meeting held pursuant to 82-4-432 reveal the proposed plan of operation violates provisions of this part.
Terms Used In Montana Code 82-4-439
- Department: means the department of environmental quality provided for in 2-15-3501. 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
- 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
- Writing: includes printing. See Montana Code 1-1-203
(2)(a) For a complete application subject to an extended review, the department shall, within 60 days from the date the department determines the application warrants an extended review, inspect the proposed site if the department determines an inspection is necessary and notify the applicant as to whether or not the application is acceptable pursuant to 82-4-432. If the application is unacceptable, the notice must include a detailed explanation of the deficiencies.
(b)Within 30 days of receipt of the applicant’s response to the identified deficiencies, the department shall review the responses and notify the applicant as to whether or not the application is acceptable. If the application is unacceptable, the department shall notify the applicant in writing and include a detailed identification of the deficiencies.
(c)The department may for sufficient cause extend either or both of the review periods in subsection (2)(a) or (2)(b) for an additional 30 days if it notifies the applicant of the extension prior to the end of the respective original period. The department shall include in the notification of extension the reason for the extension.
(d)If the application is acceptable, the department shall issue a permit or a permit amendment to the operator that entitles the operator to engage in the opencut operation on the land described in the application.