82-4-432. Application for contract -- contents -- issuance -- amendment. (1) Applications for a contract 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 which 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 so 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;
     (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 the method and manner of reclamation that will be used or followed.
     (3) If, prior to applying for a contract, the operator notifies the department of the intention to submit a plan 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 operator regarding reclamation.
     (4) Upon receipt of the application, bond or security, and fee due from the operator and upon agreement to the terms of the contract by the parties, the department may issue a contract to the applicant which entitles the applicant to continue in or engage in opencut mining on the land therein described.
     (5) An operator desiring to have a contract amended to cover additional contiguous or nearby land may file an amended application with the department. Upon receipt of the amended application and such additional bond as may be required and upon agreement to the terms of the amendment by the parties, the department may issue an amendment to the original contract 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 contract, except affected land, by notifying the department thereof, in which case the penalty of the bond or security filed by the operator pursuant to the provisions of this part shall 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.