SB 201 - Restructures the Mining Permit Process - Montana Key Vote

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Title: Restructures the Mining Permit Process

Vote Smart's Synopsis:

Vote to adopt a conference report that restructures the mining permit process.

Highlights:

 

  • Requires an operator desiring a permit to file an application that must contain a complete and detailed plan for the mining, reclamation, revegetation, and rehabilitation of the land and water to be affected by the operation. The plan must provide the following (Sec. 2):

    • The location and area of land to be affected by the operation, with a description of access to the area from the nearest public highways;

    • The names and addresses of the owners of record and any purchasers under contracts for deed of the surface of the area of land to be affected by the permit and the owners of record and any purchasers under contracts for deed of all surface area within one-half mile of any part of the affected area;

    • The names and addresses of the present owners of record and any purchasers under contracts for deed of all subsurface minerals in the land to be affected;

    • The source of the applicant's legal right to mine the mineral on the land affected by the permit;

    • The permanent and temporary post-office addresses of the applicant; and

    • Whether the applicant or any person associated with the applicant holds or has held any other permits under this part and an identification of those permits;

  • Requires the permitting process to include what impact the operation will have on (Sec. 2.iv):

    • Sediment yields from the disturbed area;

    • Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

    • Flooding or streamflow alteration;

    • Groundwater and surface water availability; and

    • Other characteristics required by the department that potentially affect beneficial uses of water in and adjacent to the permit area.

  • Requires each application for a permit to be accompanied by detailed plans or proposals showing the method of operation, the manner, time or distance, and estimated cost for backfilling, subsidence stabilization, water control, grading work, highwall reduction, topsoiling, planting, and revegetating, and a reclamation plan for the area affected by the operation, which proposals must meet the requirements of this part and rules adopted under this part (Sec. 2.4).

  • Specifies that the reclamation plan must address the life of the operation and indicate the size, sequence, and the timing of the sub areas for which it is anticipated that individual permits will be sought (Sec. 2.4).

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