Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.325 - COAL MINING OPERATIONS ON AREAS OR ADJACENT TO AREAS INCLUDING ALLUVIAL VALLEY FLOORS: SPECIAL APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) This rule applies to each applicant who
				conducts or intends to conduct coal mining and reclamation operations in,
				adjacent to or under a valley holding a stream in the arid or semi-arid
				regions.
(2)
(a) Permit applicants who propose to conduct
				coal mining and reclamation operations within a valley holding a stream or in a
				location where the proposed permit area or adjacent area includes any stream in
				the arid or semi-arid region of Montana, may request the department to make an
				alluvial valley floor determination with respect to that valley floor, as an
				initial step in the permit application process. The applicant shall
				demonstrate, and the department shall determine, based on available data, or
				field studies submitted by the applicant, or a combination thereof, the
				presence or absence of an alluvial valley floor. Studies must include
				sufficiently detailed geologic, hydrologic, land use, soils, and vegetation
				data and data analyses to demonstrate the presence or absence of an alluvial
				valley floor in the area. The department may require additional data collection
				and analyses or other supporting documents, maps, and illustrations in order to
				make the determination. Studies performed during the investigation by the
				applicant or subsequent studies as required of the applicant by the department,
				must include an appropriate combination, adapted to site-specific conditions,
				of:
(i) mapping of unconsolidated streamlaid
				deposits holding streams including, but not limited to, geologic maps of
				unconsolidated deposits and streamlaid deposits, maps of streams, delineation
				of surface watersheds and directions of shallow ground water flows through and
				into the unconsolidated deposits, topography showing local and regional terrace
				levels, and topography of terraces, flood plains and channels showing surface
				drainage patterns;
(ii) mapping of
				all lands included in the area in accordance with (2) of this rule and subject
				to agricultural activities, showing the area in which different types of
				agricultural lands, such as flood irrigated lands, croplands and undeveloped
				rangelands exist and accompanied by measurements of vegetative productivity and
				type;
(iii) mapping of all lands
				that are currently or were historically flood irrigated, showing the location
				of each diversion structure, ditch, dam and related reservoir, irrigated land,
				and topography of those lands;
(iv)
				documentation that areas identified in this subsection are, or are not,
				subirrigated, based on ground water monitoring data, representative water
				quality, soil moisture measurements, and measurements of rooting depth, soil
				mottling, and water requirements of vegetation;
(v) documentation, based on representative
				sampling, that areas identified in (2) of this rule are, or are not, flood
				irrigable, based on streamflow water quality, water yield, soils measurements,
				and topographic characteristics;
(vi) analysis of a series of aerial
				photographs, including color infrared imagery flown at a time of year to show
				any late summer and fall differences between upland and valley floor vegetative
				growth and of a scale adequate for reconnaissance identification of areas that
				may be alluvial valley floors.