Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.401 - MINING

Current through August 31, 2023
01.
Request for Setting Point(s) of
			 Compliance and Standards Applicable to Mining Activities
. At the request
			 of a mine operator, pursuant to this section, the Department shall set a point
			 of compliance, or points of compliance, at which the mine operator shall
			 protect current and projected future beneficial uses of the ground water and
			 meet the ground water quality standards as described in Section
			 200 or as allowed under Subsection
			 400.05. Degradation of ground
			 water is allowed at a point of compliance if the mine operator implements the
			 level of protection during mining activities appropriate for the aquifer
			 category as specified in Table 1 of Subsection
			 150.02. If a request is not
			 made, the mine operator must meet the ground water quality standards as
			 described in Subsection
			 150.01 in ground water both
			 within and beyond the mining area unless the Department establishes the
			 point(s) of compliance consistent with Subsection
			 401.03. (3-24-22)
02.
Application Process
.
			 (3-24-22)
a. If the mine operator requests a
			 point of compliance, or points of compliance, the mine operator shall make
			 written application to the Department. The application shall be accompanied by
			 a fee of two thousand five hundred dollars ($2,500). The application shall
			 include the following information in sufficient detail to allow the Department
			 to establish point(s) of compliance: (3-24-22)
i. Name, location, and mailing address of the
			 mining operation; (3-24-22)
ii.
			 Name, mailing address, and phone number of the mine operator;
			 (3-24-22)
iii. Land ownership
			 status of the mining operation (federal, state, private or public);
			 (3-24-22)
iv. The legal structure
			 (corporation, partnership, etc.) and residence of the mine operator;
			 (3-24-22)
v. The legal description,
			 to the quarter-quarter section, of the location of the proposed mining
			 operation; (3-24-22)
vi. Evidence
			 the mine operator is authorized by the Secretary of State to conduct business
			 in the state of Idaho; (3-24-22)
vii. A general description of the operational
			 plans for the mining operation from construction through final reclamation.
			 This description shall include any proposed phases for construction,
			 operations, and reclamation and a map that identifies the location of all
			 mining activities; (3-24-22)
viii.
			 A preconstruction topographic site map or aerial photos extending at least one
			 (1) mile beyond the outer limits of the mining area, identifying and showing
			 the location and extent of the following features: (3-24-22)
(1) All wells, perennial and intermittent
			 springs, adit discharges, wetlands, surface waters and irrigation ditches;
			 (3-24-22)
(2) All public and
			 private drinking water supply source(s) within one (1) mile of the mining area;
			 (3-24-22)
(3) All service roads and
			 public roads; (3-24-22)
(4) All
			 buildings and structures within one (1) mile of the mining area;
			 (3-24-22)
(5) All special resource
			 waters within one (1) mile of the mining area; and (3-24-22)
(6) All Clean Water Act Section
			 303(d)  listed
			 streams, and their listed impairments, within one (1) mile of the mining area;
			 (3-24-22)
ix. To the
			 extent such information is available, a description and location of underground
			 mine workings and adits and a description of the structural geology that may
			 influence ground water flow and direction; (3-24-22)
x. Information regarding the relevant factors
			 set forth in Subsection
			 401.03; and (3-24-22)
xi. A proposed point of compliance, or points
			 of compliance. (3-24-22)