82-4-432. Application for permit -- contents -- issuance -- amendment. (1) Applications for a permit must be made upon a form furnished by the department. The form must contain the following:
     (a) the name of the operator and, if other than the owner of the land, the name and address of the owner;
     (b) the type of operation to be conducted;
     (c) the volume of earth to be removed, as accurately as the volume may then be estimated, and the volume that has been previously removed, if any;
     (d) the location of the operation by legal subdivision, section, township and range, and county;
     (e) the date when the operation was or will be commenced; and
     (f) a statement that the applicant has the right and power, by legal estate owned, to mine, by opencut mining, the lands described.
     (2) The application must be accompanied by:
     (a) a bond or security meeting the requirements as set out in this part;
     (b) a fee of $50 for an application to mine bentonite, clay, scoria, sand, or gravel;
     (c) a statement from the local governing body having jurisdiction over the area to be mined certifying that a proposed sand and gravel opencut mine and its operating and reclamation plans comply with applicable local zoning regulations adopted under Title 76, chapter 2; and
     (d) the operator's plan of operation and a complete reclamation plan.
     (3) If, prior to applying for a permit, a person notifies the department of the intention to submit an application and requests the department to examine the area to be mined, the department shall cause the area to be examined and make recommendations to the person regarding reclamation. The person may request a meeting with the department. The department shall hold a meeting if requested.
     (4) Except as provided in 75-1-208(4)(b), upon receipt of an application containing all items listed in subsections (1) and (2), the department shall, within 15 days, notify the person whether or not the department believes that the application is complete. If the department determines that the application is not complete, the department shall include in the notification a detailed identification of all deficiencies. Within 30 days of receipt of a complete application, the department shall notify the applicant if it has approved or denied the application. If the department denies the application, the notice must include a detailed explanation describing why the application was denied. The department may for sufficient cause extend its period of review for an additional 30 days if it notifies the person of the extension prior to the end of the original 30-day period. The department shall include in the notification of extension the reason for the extension. Upon approval of the application, the department shall issue a permit to the operator that entitles the operator to continue or engage in opencut mining on the land described in the application.
     (5) An operator desiring to have a permit amended to cover additional contiguous or nearby land may file an amended application with the department. Upon receipt of the amended application and any additional bond that may be required and upon agreement to the terms of the amendment by the parties, the department may issue an amendment to the original permit covering the additional land described in the amended application without the payment of any additional fee.
     (6) An operator may withdraw any land covered by a permit, except affected land, by notifying the department of the withdrawal, in which case the penalty of the bond or security filed by the operator pursuant to the provisions of this part must be reduced proportionately.

     History: En. Sec. 8, Ch. 326, L. 1973; amd. Sec. 21, Ch. 39, L. 1977; R.C.M. 1947, 50-1508; amd. Sec. 4, Ch. 408, L. 1991; amd. Sec. 411, Ch. 418, L. 1995; amd. Sec. 15, Ch. 507, L. 1999; amd. Sec. 13, Ch. 299, L. 2001; amd. Sec. 3, Ch. 325, L. 2001.