Prospecting Permitting
Regulated Activities
A person interested in prospecting for coal or uranium must obtain a
prospecting permit from the Montana Department of Environmental
Quality (DEQ) if the land is not already included in a current mine
operating permit and if the prospecting is conducted for the purpose
of determining the available mineral deposits. A reclamation plan
and bond must be submitted. The permit is valid for one year and
must be renewed.
A prospecting permit is not required for surface disturbances to
determine the quantity of overburden in an area, or for gathering
environmental data prior to strip or underground coal mining and
reclamation operations, providing the area to be disturbed is not
one designated as unsuitable for coal mining (see "4.
Criteria" on the following page). However, a person who
conducts these activities must file with the DEQ a notice of intent
that contains the information required by the department prior to
beginning prospecting operations.
Statute: Strip and Underground Mine Reclamation Act; 82-4-226
MCA
Rules: ARM 17.24.1001-1018
Application Requirements
The application for a prospecting permit must be made in writing, notarized and
submitted to the DEQ in duplicate on forms furnished by DEQ. A detailed
prospecting map and a prospecting reclamation plan must accompany the
application. A description of the proposed method of prospecting and type of
equipment to be used must be included. Prior to obtaining a prospecting
permit, the applicant must file a reclamation bond with the DEQ in an amount
determined by the DEQ, based upon the estimated cost to the DEQ of required
reclamation and restoration work. Bond may be no less than
$200.00/acre and the total bond may not be less than $10,000.00.
At least 120 days but not more than 150 days prior to the permit's anniversary date,
the operator must submit an application for a permit renewal stating the number of holes
permitted and drilled, listing surface disturbances and supplying an updated map.
Statute: 82-4-226, MCA
Rules: ARM 17.24.1001, 1003, 1016, 1102
Permit Denial
The permit for prospecting for coal and uranium may be denied for numerous reasons,
including, but not limited to: adverse reclamation possibilities; exceptional topographic,
cultural resource or scientific characteristics; biological productivity or ecological
fragility; historic or geologic importance; or threat of a public hazard.
Statute: 82-4-227 and 228, MCA
Rule: ARM 17.24.1131-1148
Contact:
Neil Harrington, Bureau Chief (406) 444-4973
