reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
01.
Procedures for Appeals
: (3-18-22)
a. Any applicant or permit holder aggrieved by any final decision or order of the Board is entitled to judicial review in accordance with the provisions and standards set forth in Title 67, Chapter 52, Idaho Code, the Administrative Procedures Act. (3-18-22)
b. When the Director or the Board finds that justice so requires, it may postpone the effective date of a final order pending judicial review. The reviewing court, including the court to which a case may be taken on appeal, may issue all necessary and appropriate orders to postpone the effective date of any final order pending conclusion of the review proceedings. (3-18-22)
c. Notwithstanding any other provisions of these rules concerning administrative or judicial proceedings, whenever the Board determines that a Permittee has not complied with the provisions of the act or these rules, the Board may file a civil action in the district court for the county wherein the violation or some part occurred, or in the district court for the county where the defendant resides. The Board may request the court to issue an appropriate order to remedy any alleged violation. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.011 - ABBREVIATIONS

Current through August 31, 2023
01.
BMP
. Best Management Practices. (3-18-22)
02.
DEQ
. Department of Environmental Quality. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.012 - PURPOSE AND GENERAL PROVISIONS

Current through August 31, 2023
01.
Policy
. It is the policy of the state of Idaho to protect the lands, streams, and watercourses within the state from destruction by placer mining, and to preserve them for the enjoyment, use, and benefit of all of the people, and that clean water in the streams of Idaho is in the public interest. (3-18-22)
02.
Purpose
. These rules are intended to implement the requirements for operation and reclamation of placer and dredge mining set forth in the Idaho Code. Compliance with these rules will allow removal of minerals while preserving water quality and ensuring rehabilitation for beneficial use of the land following mining. Placer and dredge mining is expressly prohibited upon certain waterways included in the federal wild and scenic rivers system. It is also the purpose of these rules to implement the state of Idaho's antidegradation policy as set out in Executive Order No. 88-23 as it pertains to placer mining and exploration operations. (3-18-22)
03.
General Provisions
. In general, these rules establish: (3-18-22)
a. Requirements for placer mine exploration operations; (3-18-22)
b. Procedures for securing a placer and dredge mining permit; (3-18-22)
c. The requirements for posting a performance bond as a condition of such permit to ensure the completion of rehabilitation operations; (3-18-22)
d. Procedures for initial and periodic inspection of placer and dredge mining operations to ensure compliance with these rules; (3-18-22)
e. Prohibition of placer and dredge mining on designated watercourses (see Section  060); and (3-18-22)
f. Prohibitions against placer and dredge mining on certain lands when not in the public interest. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.013 - APPLICABILITY

Current through August 31, 2023
01.
All Lands in State
. These rules apply to all lands within the state, including private and federal lands, which are disturbed by placer or dredge mining conducted after November 24, 1954. (3-18-22)
02.
Types of Operations
. These rules apply to placer and dredge mining operations and placer and dredge exploration operations as defined under Section  47-1313, Idaho Code, and Subsections  010.24,  010.25, and  010.26  and to the following activities: (3-18-22)
a. The extraction of minerals from a placer deposit, including the removal of vegetation, topsoil, overburden, and minerals; construction, and operation of on-site processing equipment; disposal of overburden and waste materials; design and operation of siltation and other water quality control facilities; and other activities contiguous to the mining site that disturb land and affect water quality and/or water quantity. (3-18-22)
b. All exploration activities conducted upon a placer deposit using motorized earth-moving equipment. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.020 - PLACER OR DREDGE EXPLORATION OPERATIONS

Current through August 31, 2023
01.
Notice
. Any person desiring to conduct placer or dredge exploration operations using motorized earth-moving equipment must, within seven (7) days of commencing exploration, notify the Director. The notice includes the following: (3-18-22)
a. The name and address of the operator; (3-18-22)
b. The legal description of the exploration operation and its starting and estimated completion date; and (3-18-22)
c. The anticipated size of the exploration operation and the general method of operation. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.021 - APPLICATION PROCEDURE FOR PLACER OR DREDGE MINING PERMIT

Current through August 31, 2023
01.
Approved Reclamation Plan Required
. No Permittee may conduct placer or dredge mining operations, as defined in these rules, on any lands in the state of Idaho until the placer mining permit has been approved by the Board, the department has received a bond meeting the requirements of these rules, and the permit has been signed by the Director and the Permittee. (3-18-22)
02.
Application Package
. The Permittee must submit a complete application package, for each separate placer mine or mine panel, before the placer permit will be reviewed. Separate placer mines are individual, physically disconnected operations. The complete application package consists of: (3-18-22)
a. An application completed by the applicant on a form provided by the Director; (3-18-22)
b. A map or maps of the proposed mining operation which includes the information required under Subsection  021.04; (3-18-22)
c. A reclamation plan, in map and narrative form, which includes the information required under Subsection  021.06. The map and reclamation plan may be combined on one (1) sheet if practical; (3-18-22)
d. Document(s) identifying and assessing foreseeable, site-specific nonpoint sources of water quality impacts upon adjacent surface waters, and the best management practices the applicant will take to control such nonpoint source impacts; (3-18-22)
e. When the Director determines, after consultation with DEQ, that there is an unreasonably high potential for nonpoint source pollution of adjacent surface waters, the Director will request, and the applicant will provide to the Director, baseline pre-project surface water monitoring information and furnish ongoing monitoring data during the life of the project. This provision does not require any additional baseline preproject surface water monitoring information or ongoing monitoring data where such information or data is already required to be provided pursuant to any federal or state law and is available to the Director; (3-18-22)
f. An out-of-state Permittee must designate an in-state agent authorized to act on behalf of the Permittee. In case of an emergency requiring action to be taken to prevent environmental damage, the authorized agent will be notified as well as the Permittee; and (3-18-22)
g. An application fee of fifty dollars ($50) for each ten (10) acres or fraction of land included in an application for a new mining permit, or of land to be affected or added in an amended application to an existing mining permit, must be included with the application. No application fee will exceed one thousand dollars ($1,000). (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.025 - AMENDING AN APPROVED PERMIT

Current through August 31, 2023
01.
Application to Amendment
. If circumstances arise that require significant change in the reclamation plan, method of operation, increase in acreage, or other details associated with an approved permit, the Permittee will submit an application on a department form or exact copy to amend the permit. Application fees are to be submitted with amended applications pursuant to Subsection  021.02.g. (3-18-22)
02.
Processing
. An application to amend a permit will be processed in accord with Section  022. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.026 - DEVIATION FROM AN APPROVED PERMIT

Current through August 31, 2023
01.
Unforeseen Events
. If a Permittee finds that unforeseen events or unexpected conditions require immediate deviation from an approved permit, the Permittee may continue mining in accord with the procedures dictated by the changed conditions, pending submission and approval of an amended permit, even though such operations do not comply with the current approved permit. This does not excuse the Permittee from complying with the BMPs and reclamation requirements of Sections  020  and  040. (3-18-22)
02.
Notification
. Notification of such unforeseen events must be given to the department within forty eight (48) hours after discovery, and an application to amend the permit must be submitted within thirty (30) days of deviation from the approved permit by the Permittee. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.027 - TRANSFER OF PERMITS

Current through August 31, 2023
Placer and dredge mining permits may be transferred from an existing Permittee to a new Permittee. Transfer is made by the new Permittee filing a notarized Department Transfer of Permit form. The new Permittee is then responsible for the past Permittee's obligations under Title 47, Chapter 13, Idaho Code, these rules, the reclamation plan, and permit. When a replacement bond is submitted relative to an approved placer/dredge mining permit, the following rider must be filed with the department as part of the replacement bond before the existing bond will be released: "(Surety company or principal) understands and expressly agrees that the liability under this bond shall extend to all acts for which reclamation is required on areas disturbed in connection with placer/dredge mining permit No., both prior and subsequent to the date of this rider." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.035 - PERFORMANCE BOND REQUIREMENTS

Current through August 31, 2023
01.
Submittal of Bond
. Prior to issuance of a placer or dredge mining permit, an applicant must submit to the Director, on a placer or dredge mining bond form, a performance bond meeting the requirements of this rule. (3-18-22)
a. The amount of the initial bond is in the amount determined by the Board to be the estimated reasonable costs of reclamation of lands proposed to be disturbed in the permit area, plus ten percent (10%). The determination by the Board of the bond amount constitutes a final decision subject to judicial review as set forth in Section  002  of these rules. The bond may be submitted in the form of a surety, cash, certificate of deposit, or other bond acceptable to the Director. (3-18-22)
b. Acreage on which reclamation is completed must be reported in accord with Subsections  035.06  and  035.07. Acreage may be released upon approval by the Director. The bond may be reduced by the amount appropriate to reflect the completed reclamation. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.040 - BEST MANAGEMENT PRACTICES AND RECLAMATION FOR PLACER AND DREDGE MINING OPERATION

Current through August 31, 2023
01.
Nonpoint Source Sediment Control
. (3-18-22)
a. Appropriate best management practices for nonpoint source sediment or other pollution controls must be designed, constructed, and maintained with respect to site-specific placer or dredge mining operations. Permittees will utilize best management practices designed to achieve state water quality standards and protect existing beneficial uses of adjacent surface waters. (3-18-22)
b. State water quality standards, including protection of existing beneficial uses, are the standard that must be achieved by best management practices. In addition to proper mining techniques and reclamation measures, the Permittee will take necessary steps at the close of each operating season to assure that sediment movement or other pollution associated with surface runoff over the area is minimized in order to achieve water quality standards. (3-18-22)
c. Sediment or pollution control measures refer to best management practices that are carried out within and, if necessary, adjacent to the disturbed land and consist of utilization of proper mining and reclamation measures, as well as specific necessary pollution control methods, separately or in combination. Specific pollution control methods may include, but are not limited to: (3-18-22)
i. Keeping the disturbed land to a minimum at any given time through concurrent reclamation; (3-18-22)
ii. Shaping waste to help reduce the rate and volume of water runoff by increasing infiltration; (3-18-22)
iii. Retaining sediment within the disturbed land; (3-18-22)
iv. Diverting surface runoff to limit water coming into the disturbed land and settling ponds; (3-18-22)
v. Routing runoff through the disturbed land using protected channels or pipes so as not to increase sediment load; (3-18-22)
vi. Use of riprap, straw dikes, check dams, mulches, temporary vegetation, or other measures to reduce overland flow velocities, reduce runoff volume, or retain sediment; and (3-18-22)
vii. Use of adequate sediment ponds, with or without chemical treatment. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.050 - TERMINATION OF A PERMIT

Current through August 31, 2023
01.
Completion of Reclamation
. A placer or dredge mining permit terminates upon completion of all reclamation activity to the standards specified in the permit and reclamation plan, and final inspection and approval has been granted by the Director. Upon termination, the Director will release the remaining portion of the bond. (3-18-22)
02.
Involuntary Termination
. For continuous operation, the bonded permit will remain valid. Administrative action may be taken to terminate a placer and dredge mining permit if: (3-18-22)
a. The permit does not remain bonded; (3-18-22)
b. The placer and dredge mining operations are not commenced within two (2) years of the date of Board approval; (3-18-22)
c. The placer and dredge mining operations are permanently ceased and final reclamation has not commenced within one (1) year of the date of permanent cessation; (3-18-22)
d. Inspection costs are delinquent; or (3-18-22)
e. Permittee fails to comply with the act, these rules, the permit, or the reclamation plan. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.051 - ENFORCEMENT AND FAILURE TO COMPLY

Current through August 31, 2023
01.
Inspection
. The Director may inspect the operation under permit from time to time to determine compliance with the act, these rules, the permit, and the reclamation plan. The cost and expense of such inspections will be borne by the Permittee. (3-18-22)
a. Cost of inspection is assessed at a flat rate of two hundred and fifty dollars ($250) per year for each permit. Permits upon U.S. Forest Service administered lands is assessed at a flat rate of one hundred dollars ($100) per year for each permit, to reflect the reduced inspection work for the department. (3-18-22)
b. A billing for inspection costs will be made in advance each May 1, with the costs due and payable within thirty (30) days of receipt of an inspection cost statement. Inspection fees become delinquent if not paid on or before June 1, and the department may assess the greater of the following; either a twenty-five dollars ($25) late payment charge or penalty at the rate of one percent (1%) for each calendar month or fraction thereof, compounded monthly, for late payments from the date the inspection fee is due. Such costs constitute a lien upon equipment, personal property, or real property of the Permittee and upon minerals produced from the permit area. Should inspection fees be delinquent, the department will send a single notice of delinquent payment by certified mail, return receipt requested, to the Permittee. If payment is not received by the department within thirty (30) days from the date of receipt, the department may take appropriate administrative action to cancel the permit as provided by Subsection  050.02. (3-18-22)
c. Inspection costs related to a reported violation are assessed at actual costs and in addition to those costs in Paragraph 051.01.a. Costs include mileage to and from the mine site, employee meals, lodging, personnel costs, and administrative overhead. Costs are due and payable thirty (30) days after receipt of the inspection cost statement. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.055 - COMPUTATION OF TIME

Current through August 31, 2023
Computation of time for these rules will be based on calendar days. In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal state holiday. In such a case, the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Intermediate Saturdays, Sundays, or legal holidays are excluded from the computation when the period of prescribed time is seven (7) days or less. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.060 - PLACER OR DREDGE MINING OF CERTAIN WATERBODIES PROHIBITED

Current through August 31, 2023
01.
Prohibited Areas
. Placer or dredge mining in any form is prohibited on water bodies making up the national wild and scenic river system: (3-18-22)
a. The Middle Fork of the Clearwater River, from the town of Kooskia upstream to the town of Lowell; the Lochsa River from its junction with the Selway at Lowell forming the Middle Fork upstream to the Powell Ranger Station; and the Selway River from Lowell upstream to its origin; (3-18-22)
b. The Middle Fork of the Salmon River, from its origin to its confluence with the main Salmon River; (3-18-22)
c. The St. Joe River, including tributaries, from its origin to its confluence with Coeur d'Alene Lake, except for the St. Maries River and its tributaries. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.065 - DEPOSIT OF FORFEITURES AND DAMAGES

Current through August 31, 2023
01.
Mining Account
. All monies, forfeitures, and penalties collected under the provisions of these rules will be deposited in the Placer and Dredge Mining Account to be used by the Director for placer and dredge mine reclamation purposes and related administrative costs. (3-18-22)
02.
Funds for Reclamation
. Upon approval of the Board, monies in the account may be used to reclaim lands for which the forfeited bond was insufficient to reclaim in accord with these rules, or for placer or dredge mine sites for which the bond has been released and which have resulted in subsequent damage. Monies received from inspection fees are to be kept separate and used for costs incurred by the Director in conducting such inspections. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.01 - RULES GOVERNING DREDGE AND PLACER MINING OPERATIONS IN IDAHO › Section 20.03.01.070 - COMPLIANCE OF EXISTING PLANS WITH THESE RULES

Current through August 31, 2023
These rules, upon their adoption, apply as appropriate to all existing placer or dredge mining operations, but will not affect the validity or modify the duties, terms, or conditions of any existing approved placer or dredge mining permits or impose any additional obligations with respect to reclamation upon any Permittee conducting placer or dredge mining operations pursuant to a placer or dredge mining permit approved prior to adoption of these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
Title 47, Chapter 15 ("chapter"), Idaho Code, authorizes the Board to promulgate rules pertaining to mineral exploration; mining operations; reclamation of lands affected by exploration and mining operations, including review and approval of reclamation and permanent closure plans; requirements for financial assurance for reclamation and permanent closure, and to establish a reasonable fee for reviewing and approving reclamation plans and permanent closure plans, including the reasonable cost to employ a qualified independent party, acceptable to the applicant and the Board, to verify the accuracy of cost estimates for reclamation plans and permanent closure plans. The Board has delegated to the director of the Department the duties and powers under the chapter and these rules, however the Board retains responsibility for administrative review. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 20.03.02, "Rules Governing Mined Land Reclamation," IDAPA 20, Title 03, Chapter 02. (3-18-22)
02.
Scope
. These rules establish the notification requirements for exploration and the application, operation, and reclamation requirements for mined lands. In addition, they establish the application and closure requirements for cyanidation facilities. These rules also establish the reclamation and financial assurance requirements for all these activities, and describe the processes used to administer the rules in an orderly and predictable manner. (3-18-22)
03.
Other Laws
. Operators engaged in exploration, mine operation, and operation of a cyanidation facility shall comply with all applicable laws and rules of the state of Idaho including, but not limited to the following: (3-18-22)
a. Idaho water quality standards established in Title 39, Chapters 1 and 36, Idaho Code; IDAPA 58.01.02, "Water Quality Standards"; and IDAPA 58.01.11, "Ground Water Quality Rule," administered by the Department of Environmental Quality (DEQ). (3-18-22)
b. Requirements and procedures for hazardous and solid waste management, as established in Title 39, Chapter 44, Idaho Code, and rules promulgated thereunder including, IDAPA 58.01.05, "Rules and Standards for Hazardous Waste" and IDAPA 58.01.06, "Solid Waste Management Rules," administered by the DEQ. (3-18-22)
c. Section  39-118A, Idaho Code, and applicable rules for ore processing by cyanidation as promulgated and administered by the DEQ as defined in IDAPA 58.01.13, "Rules for Ore Processing by Cyanidation." (3-18-22)
d. Section  39-175, Idaho Code, and applicable rules for the discharge of pollutants to waters of the United States as promulgated and administered by DEQ in IDAPA 58.01.25, "Rules Regulating the Idaho Pollutant Discharge Elimination System Program." (3-18-22)
e. Idaho Stream Channel Protection Act, Title 42, Chapter 38, Idaho Code, and applicable rules as promulgated and administered by the Idaho Department of Water Resources. (3-18-22)
f. Idaho Dam Safety Act, Sections  42-1710  through  42-1721, Idaho Code, and applicable rules promulgated and administered by the Idaho Department of Water Resources. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.010 - DEFINITIONS

Current through August 31, 2023
In addition to the definitions set forth in the chapter, the following definitions apply to these rules: (3-18-22)
01.
Adit
. A nearly horizontal passage from the surface into an underground mine. (3-18-22)
02.
Approximate Previous Contour
. A contour that is reasonably comparable to that contour existing prior to disturbance, or that blends with the adjacent topography. (3-18-22)
03.
Best Management Practices (BMP)
. Practices, techniques or measures developed or identified by the designated agency and identified in the state water quality management plan which are determined to be a costeffective and practicable means of preventing or reducing pollutants generated from nonpoint sources to a level compatible with water quality goals. (3-18-22)
04.
Chapter
. The Mined Land Reclamation Act, Title 47, Chapter 15, Idaho Code. (3-18-22)
05.
Department
. The Idaho Department of Lands. (3-18-22)
06.
Discharge
. With regard to cyanidation facilities, when used without qualification, any spilling, leaking, emitting, escaping, leaching, or disposing of a pollutant into the waters of the state. (3-18-22)
07.
Ground Water.
Any water of the state that occurs beneath the surface of the earth in a saturated geological formation of rock or soil. (3-18-22)
08.
Land Application
. A process or activity involving application of liquids or slurries potentially containing cyanide from the cyanidation facility to the land surface for the purpose of treatment, neutralization, disposal, or groundwater recharge. (3-18-22)
09.
Material Change
. A change that deviates from the approved reclamation plan or permanent closure plan and causes one (1) or more of the following to occur: (3-18-22)
a. Results in a substantial adverse effect to the geotechnical stability of overburden disposal areas, topsoil, stockpiles, roads, embankments, tailings facilities, cyanidation facilities or pit walls; (3-18-22)
b. Substantially modifies surface water management or a water management plan, not to include routine implementation and maintenance of BMPs; (3-18-22)
c. Exceeds the permitted acreage; or (3-18-22)
d. Increases overall estimated reclamation costs by more than fifteen percent (15%). (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.011 - ABBREVIATIONS

Current through August 31, 2023
01.
BMP
. Best Management Practices. (3-18-22)
02.
DEQ
. Department of Environmental Quality. (3-18-22)
03.
IPDES
. Idaho Pollutant Discharge Elimination System. (3-18-22)
04.
SWPPP
. Storm Water Pollution Prevention Plan. (3-18-22)
05.
U.S.C
. United States Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.060 - EXPLORATION OPERATIONS AND REQUIRED RECLAMATION

Current through August 31, 2023
01.
Diligence
. All reclamation activities required to be conducted on exploration sites must be performed in a good, workmanlike manner with all reasonable diligence, and as to a given exploration drill hole, road, or trench, within one (1) year after abandonment thereof. (3-18-22)
02.
When Exploration Is Mining
. Exploration operations may under some circumstances constitute mining operations as described in Section  47-1503(7), Idaho Code. (3-18-22)
03.
Notification
. Any operator desiring to conduct exploration using motorized earth-moving equipment to locate minerals for immediate or ultimate sale shall notify the Department within seven (7) days after beginning exploration operations. No application fee or financial assurance is required for exploration that is not a mining operation. (3-18-22)
04.
Contents of Notification
. The notification shall include: (3-18-22)
a. The name and address of the operator; (3-18-22)
b. The legal description of the exploration and its starting and estimated completion date; and (3-18-22)
c. The anticipated size of the exploration and the general method of operation. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.068 - APPLICATION FEES

Current through August 31, 2023
01.
Base Application Fees
. The following base fee schedule will be used for all reclamation plans and permanent closure plans and amendments to those plans. For plans processed under Section  069  of these rules, this base fee covers up to twenty (20) hours of staff time for review and processing. For plans processed under Section  070  of these rules, the applicant may instead enter an agreement with the Department as described in Subsection  068.03  of these rules. The applicable acreage is based on the proposed reclamation plan area identified in the application:
Type of Plan
Fee (Dollars)
Section  069  of these rules, Reclamation Plan 0 to 5 acres
Five hundred ($500)
Section  069  of these rules, Reclamation Plan >5 to 40 acres
Six hundred ($600)
Section  069  of these rules, Reclamation Plan over 40 acres
Seven hundred fifty ($750)
Section  070  of these rules, Reclamation Plan 0 to 100 acres
One thousand ($1,000)
Section  070  of these rules, Reclamation Plan >100 to 1,000 acres
One thousand five hundred ($1,500)
Section  070  of these rules, Reclamation Plan >1,000 acres
Two thousand ($2,000)
Section  071  of these rules, Permanent Closure Plan
Five thousand ($5,000)
(3-18-22)
02.
Additional Fees for Applications Submitted Under Section  069
. Plans processed under Section  069  of these rules that require more than twenty (20) hours of staff time due to an incomplete application will result in additional fees being charged. After a revised application has been received and determined to be complete with the exception of the fee, IDL will send an invoice to the operator at a rate of forty dollars per hour ($40/hour) for the additional review time over the initial twenty (20) hours. If this additional fee is not paid prior to the sixty (60) day approval deadline, the application will be denied. If the additional fee is paid within 30 days of the denial, the application will be considered complete and the time requirements of Subsection  080.03  will apply. (3-18-22)
03.
Alternative Fee Agreement for Applications Submitted Under Section  070
. In lieu of paying a fee at the time the application is submitted, an applicant under Section  070  of these rules may enter into an agreement with the Department for actual costs incurred to process an application, verify a reclamation cost estimate submitted under Idaho Code §
								47-1512(c), and issue a final decision. The applicant shall not commence operations until the terms of the agreement have been met, including that the Department has been reimbursed for all actual costs incurred for the permitting process. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.069 - APPLICATION PROCEDURE AND REQUIREMENTS FOR QUARRIES, DECORATIVE STONE, BUILDING STONE, AND AGGREGATE MATERIALS INCLUDING SAND, GRAVEL AND CRUSHED ROCK

Current through August 31, 2023
01.
Approval Required
. Approval of a reclamation plan by the Department is required even if approval of such plan has been or will be obtained from a federal agency. (3-18-22)
02.
No Operator Shall Conduct Mining Operations
. No operator shall conduct mining operations on any lands in the state until the reclamation plan has been approved by the director, and the operator has filed financial assurance that meets the requirements of the chapter and these rules. (3-18-22)
03.
Application Package
. The operator must submit a complete application package, for each separate mine or mine panel, before the reclamation plan will be approved. Separate mines are individual, physically disconnected operations. A complete application package consists of: (3-18-22)
a. An application provided by the director; (3-18-22)
b. A map or maps of the proposed mining operation which includes the information required under Subsection  069.04; (3-18-22)
c. A reclamation plan, in map and narrative form, which includes the information required under Subsection  069.05; and (3-18-22)
d. An out-of-state operator shall designate an in-state agent authorized to act on behalf of the operator. In case of an emergency that requires an action or actions to prevent environmental damage, both the operator and the authorized agent will be notified. (3-18-22)
e. The correct fee listed in Section  068  of these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.070 - APPLICATION PROCEDURE AND REQUIREMENTS FOR OTHER MINING OPERATIONS INCLUDING HARDROCK, UNDERGROUND AND PHOSPHATE MINING

Current through August 31, 2023
01.
Reclamation Plan Approval Required
. Approval of a reclamation plan by the Department is required even if approval of such plan has been or will be obtained from a federal agency. No operator shall conduct mining operations on any lands in the state until the reclamation plan has been approved by the director, and the operator has filed the required financial assurance. (3-18-22)
02.
Application Package
. The operator must submit a complete application package for each separate mine or mine panel before the reclamation plan will be approved. Separate mines are individual, physically disconnected operations. A complete application package consists of: (3-18-22)
a. All items and information required or allowed under Section  069  of these rules; (3-18-22)
b. Any additional information required by Subsection  070.04; and (3-18-22)
c. An operating plan, if required by Section  47-1506(b), Idaho Code, prepared in accordance with Subsection  070.05  of these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.080 - PROCEDURES FOR REVIEW AND DECISION UPON AN APPLICATION FOR A RECLAMATION PLAN OR PERMANENT CLOSURE PLAN

Current through August 31, 2023
01.
Return of Application
. Within thirty (30) days after receipt of a reclamation plan or permanent closure plan by the Department, an application may be returned for correction and resubmission if either the reclamation plan or permanent closure plan are incomplete. Return of an application by the director shall constitute a rejection in accordance with Section  47-1507(b), Idaho Code. (3-18-22)
02.
Agency Notification and Comments
. (3-18-22)
a. Nonconfidential materials submitted under Sections  069,  070, and  071  will be forwarded by the director to the Idaho Departments of Water Resources, Environmental Quality, and Fish and Game for review and comment. The director may decide not to circulate applications submitted under Section  069  if the director determines the impacts of the proposed activities are minor and do not involve surface or ground waters. The director may provide public notice on receipt of a reclamation plan or permanent closure plan. In addition, nonconfidential contents of an application will be provided to individuals who request the information in writing, as required by the Idaho Public Records Act. (3-18-22)
b. Upon receipt of a complete application for a reclamation plan or a permanent closure plan, the director shall provide notice to the cities and counties where the mining or cyanidation facility operation is proposed, in accordance with Section  47-1505(7), Idaho Code. The notice shall include the name and address of the operator, the procedure and schedule for the Department's review, and an invitation to review nonconfidential portions of the application, if requested in writing. Such notice will be provided upon receipt of a reclamation plan, a permanent closure plan, or any amended plan for an existing operation, or an amended cost estimate to complete permanent closure of a cyanidation facility, if required under the chapter and these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.090 - AMENDING AN APPROVED RECLAMATION PLAN

Current through August 31, 2023
01.
Cause for Reclamation Plan Amendment
. In the event circumstances arise that necessitate amendments to an approved reclamation plan, the operator shall submit an application to amend the plan and state the reasons the amendment is necessary. Either the operator or the director may initiate a process to amend an approved reclamation plan. If the director identifies a material change he believes requires a change in the reclamation plan, the director must deliver in writing to the operator a detailed statement identifying the material change and the action(s) necessary to address the material changes. Plan amendments have the same requirements as described in Section  069  and  070  of these rules. (3-18-22)
02.
Review of Amendment
. The director will process an application to amend a plan in accordance with Sections  080  and  110  of these rules, provided, however, that no land or aspect or provision of an approved reclamation plan that would not be affected by the proposed amendment, is subject to the amendment, review or reapproval in connection with processing the application. Approval of an amendment shall not be conditioned upon the performance of any actions not required by the approved reclamation plan or the proposed amendment itself, unless the operator agrees to perform such actions. (3-18-22)
03.
Adjustments
. Adjustments to an approved reclamation plan may be made by agreement between the director and the operator, if the adjustment is consistent with the overall objectives of the approved reclamation plan and so long as applicable surface and ground water quality standards will be met. Adjustments are due to changes that are smaller than material changes. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.091 - AMENDING AN APPROVED PERMANENT CLOSURE PLAN

Current through August 31, 2023
01.
Cause for Permanent Closure Plan Amendment
. In the event circumstances arise that necessitate amendments to an approved permanent closure plan, the operator shall submit an application to amend the permanent closure plan and state the reasons the amendment is necessary. Either the operator or the director may initiate a process to amend an approved permanent closure plan. Circumstances that could require a permanent closure plan to be amended include: (3-18-22)
a. A material modification or material expansion in the cyanidation facility design or operation for which the approved permanent closure plan is no longer adequate; (3-18-22)
b. Conditions substantially different from those anticipated in the original permit for which the approved permanent closure plan is no longer adequate; or (3-18-22)
c. A material change as defined in Subsection  010.09  of these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.100 - DEVIATION FROM AN APPROVED RECLAMATION PLAN

Current through August 31, 2023
01.
Unforeseen Events
. If a mining operator finds that unforeseen events or unexpected conditions require immediate change from an approved plan, the operator may continue mining in accordance with the procedures dictated by the changed conditions, pending submission and approval of an amended plan, even though operations do not comply with the approved reclamation plan on file with the Department. This shall not excuse the operator from complying with the requirements of Sections  140  and  120  of these rules. (3-18-22)
02.
Notification
. The operator shall notify the director, in writing, within ten (10) days of the discovery of conditions that require deviation from the approved plan. A proposed amendment to the reclamation plan must be submitted by the operator within thirty (30) days of the discovery of those conditions. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.110 - PUBLIC HEARING

Current through August 31, 2023
01.
Call for a Hearing
. A public hearing called by the director following receipt of a complete application submitted in accordance with Sections  069,  070, or  071  of these rules is conducted in accordance with Section  47-1507(d), Idaho Code. The director may call for a hearing following his preliminary review of an application for a new operation or an amendment application for an existing operation when one (1) or more of the following circumstances arises: (3-18-22)
a. Public Concern. The public, potentially affected landowners, any governmental entity, or any other interested parties who may be affected by the operations proposed under the chapter have registered, in writing, a concern with the director regarding the proposed operations or cyanidation facility. The purpose of the public hearing is to gather written and oral comments as to whether the proposed reclamation plan or permanent closure plan meets the requirements of the chapter and these rules. (3-18-22)
b. Agency Concern. The director determines, after consultation with the Department of Water Resources, DEQ, the Department of Fish and Game, and affected Indian tribes that the proposed mining or cyanidation facility operations could reasonably be expected to significantly degrade adjacent surface and/or ground waters or otherwise threaten public health, safety or welfare. The purpose of a public hearing held under this subsection will be to receive written and oral comments on the measures the operator is proposing to use to protect surface and/or ground water quality from nonpoint source pollution. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.111 - COMPLETION OF PERMANENT CLOSURE

Current through August 31, 2023
01.
Implementation of a Permanent Closure Plan
. Unless otherwise specified in the approved permanent closure plan, an operator must begin implementation of the approved permanent closure plan as follows: (3-18-22)
a. Within two (2) years of the final addition of new cyanide to the ore process circuit; or (3-18-22)
b. If the product recovery phase of the cyanidation facility has been suspended for a period of more than two (2) years. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.112 - DECISION TO APPROVE OR DISAPPROVE OF A PERMANENT CLOSURE REPORT

Current through August 31, 2023
01.
Receipt of a Permanent Closure Report
. Within sixty (60) days of receipt of a permanent closure report, the director shall issue to the operator a director's determination of approval or disapproval of the permanent closure report. (3-18-22)
02.
Permanent Closure Report Is Disapproved
. The director's determination to approve or disapprove a permanent closure report will be based on the permanent closure report's demonstration that permanent closure has resulted in long-term neutralization of process waters and material stabilization. If a permanent closure report is disapproved, the director shall provide in writing identification of: (3-18-22)
a. Errors or inaccuracies in the permanent closure report; (3-18-22)
b. Issues or details that require additional clarification; (3-18-22)
c. Failures to fully implement the approved permanent closure plans; (3-18-22)
d. Failures to ensure protection for public health, safety, and welfare or to prevent degradation of waters of the state; (3-18-22)
e. Outstanding violations or other noncompliance issues; and (3-18-22)
f. Other issues supporting the Department's disagreement with the contents, final conclusions or recommendations of the permanent closure report. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.122 - FORM OF FINANCIAL ASSURANCE

Current through August 31, 2023
01.
Corporate Surety Bond
. (3-18-22)
a. A corporate surety bond is an indemnity agreement executed for the operator and a corporate surety licensed to do business in the state of Idaho, filed on the appropriate Department form. The bond must be payable to the state of Idaho and conditioned to require the operator to faithfully perform all requirements of the chapter, and the rules in effect on the date that a reclamation plan or a permanent closure plan was approved by the Department. (3-18-22)
b. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties in Circular 570 of the U.S. Department of the Treasury. (3-18-22)
c. When replacement financial assurance is submitted, the following rider must be filed with the Department as part of the replacement before the existing financial assurance will be released: "[Surety company or principal] understands and expressly agrees that the liability under this bond shall extend to all acts for which reclamation is required on areas disturbed in connection with reclamation plan or permanent closure plan [number], both prior to and subsequent to the date of this rider." (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.123 - FORFEITURE OF FINANCIAL ASSURANCE

Current through August 31, 2023
A financial assurance may be forfeited in accordance with Section  47-1513, Idaho Code, when the operator has not conducted the reclamation or has not conducted permanent closure in accord with an approved plan and the applicable requirements of these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.02 - RULES GOVERNING MINED LAND RECLAMATION › Section 20.03.02.130 - TRANSFER OF APPROVED PLANS

Current through August 31, 2023
01.
Reclamation Plans
. A reclamation plan may be transferred from one (1) operator to another only after the Department's approval. To complete a transfer, the new applicant must file a notarized assumption of reclamation plan form as prescribed by the Department and provide replacement financial assurance. The new operator is responsible for the past operator's obligations under the chapter, these rules, and the reclamation plan. (3-18-22)
02.
Permanent Closure Plans
. An approved permanent closure plan permit may be transferred to a new operator if he provides written notice to the director that includes a specific date for transfer of permanent closure responsibility, coverage, and liability between the old and new operators no later than ten (10) days after the date of closure. An operator is required to provide such notice at the same time he provides notice to the DEQ as required IDAPA 58.01.13, "Rules for Ore Processing by Cyanidation." To complete a transfer, the new applicant must: (3-18-22)
a. File a notarized assumption of permanent closure plan form as prescribed by the Department; and (3-18-22)
b. File a replacement permanent closure plan financial assurance on a form approved by the Department. (3-18-22)