GENERAL41950

• Permit No: M1977153
• IBM Index Class Name: General Documents
• Doc Name: PUBLIC NOTICE
• Media Type: D
• Archive: No

^ 7. "The procedure by w~ the staff reviews permit ap~cations and what the staff
is looking for in the application. An understanding of this would help companies
get the application right the first time, would perhaps expedite the permitting,
and would save time for the staff." (JW)
8. "34-32-111 (Rule 4: Special Permits - ten-day processing). The rules and regulations
carry no specific language regarding the role of the subcontractor. Approximately
90% of all highway jobs involve subcontractors. Previously the MLRB staff has
questioned the legitimacy of an operator other than the prime contractor applying
for a permit under the 111 permit process. The law states that only the operation,
not the operator, meet the criteria for a 111 permit.
"34-32-111. Special permits - ten day processing. (.) Any sand, gravel or quarry
aggregate operation which is to be operated for the sole purpose of obtaining
materials for highway, road, utility, or similar type construction under a federal,
state, county, city, town, or special district contract where the contract calls
for work to be commenced within a specifically short time and which will affect
ten acres or less shall be subject to the provisions of this section." (Michael
J. Hart, Flatiron Company).
9. Where does prospecting stop and mining begin? (Ann Vickery letter 11/18/77).
10. EIS/Permit sequence (Ann Vickery).
11. "Clarification of the requirements for local government approval. What are the
limits of the requirements that the county/city government can impose on an
operator seeking local government approval? Is confirmation of zoning
adequate or must an operator meet all of the requirements of the
special use review permit process before the state is assured that the applicant
has proper local government approval. The passage of HB 1377 has further
confused this issue." (MH)
12. "The requirements for a "Limited Impact Operation" - 10 acres or 70,000 tons
per calendar year. As overburden has been included in the 70,000 ton figure the
word extracts requres some consideration. If overburden is stripped, stockpiled,
and later used for reclamation is it to be considered as extracted under the
70,000 ton limitation?" (MH)
13. "Applicability of the Mined Land Reclamation Act to the disturbance of mill
tailings piles in view of the word "natural" in the second line of subsection
34-32-103(8) of the Act. Once tails are reprocessed it is clear that the
redeposition of such tails is covered by the Act." (Gerald D. Sjaastad).
14. "Filed, submitted, received" - the current concepts, even as they have been
amended, are unintelligible. We would suggest that an application be filed on the
date it is received, physically, by the Mined Land Reclamation Board. Since the
Board can deny an application for incompleteness, there should not also be a
provision for "denial of filing". Please suggest an appropriate regulation
that provides that any deficiencies can be cured by a statement from the staff
to the applicant that concerns possible areas of incompleteness and requesting
further information prior to the Board's hearing. (G. Scott Briggs, Atty.,
Castle Concrete Co.).
15. "Objections, protests, and matters of support: There should be a provision that would
permit the protests to be submitted to the applicatn prior to a preconference hearing)
at which time it could be determined whether or not any of the grounds for objection j
could be removed, and what protests the staff felt went to the merits. At least,
an opportunity ought to be afforded to the protestant and the applicant to meet
under some procedure to discuss differencesprior to the hearing before the Board.
This might contribute to the efficiency of the process and might result in removal
of some objections and compromise of position. (GSB).
('nn r'2