(1) This subchapter applies to opencut operations as provided in the Opencut Mining Act (Title 82, chapter 4, part 4, MCA, hereinafter referred to as "the Act") .

(2) An operator conducting a sand, gravel, bentonite, clay, or scoria mining operation pursuant to the provisions of a reclamation contract issued under the Montana Opencut or Strip Mined Land Reclamation Act of 1971 is recognized as being in compliance with Montana law.  However, should that operator begin a new opencut operation as defined in 82-4-431, MCA, or expand an opencut operation beyond the existing contract area, the operator shall be responsible for first obtaining a permit under the provisions of the Act as amended.

(3) Contracts and permits in effect on February 13, 2004, need not be amended to comply with rules and rule amendments adopted on February 13, 2004.  Applications for permits, permit amendments, and permit transfers that were submitted prior to February 13, 2004, remain subject to provisions of this subchapter relating to application requirements as they read on the date the application was submitted.