| HOME | SEARCH | ABOUT US | CONTACT US | HELP | ||
 |
 |
|
|
| Montana Administrative Register Notice 8-104-66 | No. 2 01/31/2008 | |
|
||
| Prev | Next | ||
|
BEFORE THE HARD-ROCK MINING IMPACT BOARD DEPARTMENT OF COMMERCE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On March 3, 2008, the Hard-Rock Mining Impact Board proposes to amend the above-stated rules.
2. The board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the board no later than 5:00 p.m., February 19, 2008, to advise us of the nature of the accommodation that you need. Please contact Joe LaForest, Hard-Rock Mining Impact Board, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2789; TDD (406) 841-2702; fax (406) 841-2771; or e-mail jlaforest@mt.gov.
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
8.104.101 ORGANIZATION OF BOARD (1) remains the same. (2) Information or submissions: Inquiries regarding the board may be addressed to the Hard-Rock Mining Impact Board, Department of Commerce, 301 South Park, P.O. Box (3) remains the same.
AUTH: 2-4-201, MCA IMP: 2-4-201, MCA
8.104.201 PUBLIC PARTICIPATION (1) The Hard-Rock Mining Impact Board adopts and incorporates by reference ARM 8.2.201 through 8.2.
AUTH: 2-3-103, MCA IMP: 2-3-103, MCA
8.104.202 GENERAL PROCEDURAL RULES (1) The Hard-Rock Mining Impact Board adopts and incorporates by reference ARM 1.3.101 through 1.3.
AUTH: 90-6-305, MCA IMP: 90-6-307, MCA
8.104.211 IMPLEMENTATION OF APPROVED IMPACT PLAN (1) and (2) remain the same. (3) As required by 90-6-307(11) and (15), MCA, the board will notify the Department of
AUTH: 90-6-305, MCA
8.104.214 FINANCIAL GUARANTEE OF TAX PREPAYMENTS (1) remains the same. (2) The financial guarantee must be submitted to the board in sufficient time that it may be approved by the board and be in place before mining activities under an operating permit issued by the Department of
AUTH: 90-6-305, MCA IMP: 90-6-309, MCA
8.104.218 WAIVER OF IMPACT PLAN REQUIREMENT (1) remains the same. (2) Following its decision, the board will provide a copy of the waiver, conditional waiver, or denial of waiver to the Department of
IMP: 90-6-307, MCA
REASON: The board is proposing amendment of the organization and procedural rules in ARM 8.104.101, 8.104.201, 8.104.202, 8.104.211, 8.104.214, and 8.104.218 to accurately reflect address and contact information for the board, and update references to specific rules and departments.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Hard-Rock Mining Impact Board, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620; telephone (406) 841-2789; fax (406) 841-2771; or e-mail jlaforest@mt.gov, and must be received no later than 5:00 p.m., February 29, 2008.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the Hard-Rock Mining Impact Board at the above address no later than 5:00 p.m., February 29, 2008.
6. If the board receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 25 based on the number of individuals who are interested in hard-rock mining in Montana.
7. The board maintains a list of interested persons who wish to receive notices of proposed rulemaking actions. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all Hard-Rock Mining Impact Board administrative rulemaking proceedings. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the Hard-Rock Mining Impact Board, 301 South Park, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2789; fax (406) 841-2771; or by e-mail to jlaforest@mt.gov, or may be made by completing a request form at any rules hearing held by the board.
8. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
9. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.
HARD-ROCK MINING IMPACT BOARD DEPARTMENT OF COMMERCE
/s/ KELLY A. CASILLAS /s/ ANTHONY J. PREITE KELLY A. CASILLAS ANTHONY J. PREITE Rule Reviewer Director Department of Commerce
Certified to the Secretary of State January 22, 2008. |
A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
