reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.641 - ACID- AND TOXIC-FORMING SPOILS

Current through Register Vol. 13, July 5, 2024
Drainage from acid- and toxic-forming spoil into ground and
				  surface water must be avoided by:
(1)
				identifying, burying, and treating whenever necessary, spoil that, in the
				judgment of the department, may be detrimental to vegetation or may adversely
				affect water quality if not treated or buried;
(2) preventing water from coming into contact
				with acid-forming or toxic-forming spoil in accordance with ARM
				17.24.501(3),
				17.24.504,
				17.24.507, and other measures
				required by the department; and
(3)
				burying or otherwise treating all acid-forming or toxic-forming spoil within 30
				days after it is first exposed on the mine site, or within a lesser period
				required by the department. Temporary storage of the spoil may be approved by
				the department upon a finding that burial or treatment within 30 days is not
				feasible and will not result in any material risk of water pollution or other
				environmental damage. Storage must be limited to the period until burial or
				treatment first becomes feasible. Acid-forming or toxic-forming spoil to be
				stored must be placed on impermeable material and protected from erosion and
				contact with surface water.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.642 - PERMANENT IMPOUNDMENTS AND FLOOD CONTROL IMPOUNDMENTS

Current through Register Vol. 13, July 5, 2024
(1) Permanent impoundments are prohibited
				unless constructed in accordance with ARM
				17.24.504 and
				17.24.639 and have open-channel
				spillways that will safely discharge runoff resulting from a 100-year, six-hour
				precipitation event, assuming the impoundment is at full pool for spillway
				design or larger event specified by the department. The department may approve
				a permanent impoundment upon the basis of a demonstration that:
(a) the quality of the impounded water will
				be suitable on a permanent basis for its intended use and, after reclamation,
				will meet applicable state and federal water quality standards;
(b) discharge of water from the impoundment
				will not degrade the quality of receiving waters to less than the water quality
				standards established pursuant to applicable state and federal laws;
(c) the level of water will be sufficiently
				stable to support the intended use;
(d) adequate safety and access to the
				impounded water will be provided for proposed water users;
(e) water impoundments will not result in the
				diminution of the quality or quantity of water used by adjacent or surrounding
				landowners for agricultural, industrial, recreational, or domestic
				uses;
(f) the design, construction,
				and maintenance of structures will achieve the minimum design requirements
				applicable to structures constructed and maintained under the Watershed
				Protection and Flood Prevention Act.
				PL
				83-566(16 USC 1006). Requirements for
				impoundments that meet the size or other criteria of the mine safety and health
				administration, 30 CFR
				77.216 (a) are contained in U.S. soil
				conservation service's Technical Release No. 60 (210-VI-TR60, October 1985, as
				revised through January 1991), "Earth Dams and Reservoirs," (TR-60).
				Requirements for impoundments that do not meet the size or other criteria
				contained in 30 CFR
				77.216 (a) are contained in U.S. soil
				conservation service's Practice Standard 378, "Ponds," October 1978. The
				technical release and practice standard are hereby incorporated by reference.
				Technical Release No. 60 and Practice Standard 378 are on file and available
				for inspection at the Helena office of the Department of Environmental Quality,
				1520 E. 6th Ave., Helena, MT 59601; and
(g) the impoundment will be suitable for the
				approved postmining land use.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.643 - GROUND WATER PROTECTION

Current through Register Vol. 13, July 5, 2024
(1) Mining must be
				conducted to control the effects of drainage from pits, cuts, and other mining
				activities and disturbances. The permittee shall prevent or control discharge
				of acid, toxic, or otherwise harmful mine drainage waters into ground water
				flow systems so that adverse impacts on ground water flow systems and on
				approved postmining land uses are prevented.
(2) Backfilled materials must be placed to
				minimize adverse effects on ground water flow and quality, to minimize off-site
				effects, and to support the approved postmining land use. The permittee is
				responsible for performing monitoring according to ARM
				17.24.645 to ensure that
				operations conform to this requirement.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.644 - PROTECTION OF GROUND WATER RECHARGE

Current through Register Vol. 13, July 5, 2024
(1) The
				disturbed area must be reclaimed to restore the approximate premining recharge
				capacity through restoration of the capability of the reclaimed areas as a
				whole to transmit water to the ground water system. The recharge capacity must
				be restored to support the approved postmining land use, minimize disturbances
				to the prevailing hydrologic balance in the mine plan and adjacent areas, and
				provide a rate of recharge that approximates the premining recharge rate. The
				permittee shall monitor according to ARM
				17.24.645 to ensure operations
				conform to this requirement.
(2)
				The permittee shall collect data and conduct studies as requested by the
				department to determine whether the recharge capacity of the mined lands can be
				restored to the approximate premining recharge capacity.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.645 - GROUND WATER MONITORING

Current through Register Vol. 13, July 5, 2024
(1) Ground water
				levels, subsurface flow and storage characteristics, and the quality of ground
				water must be monitored based on information gathered pursuant to ARM
				17.24.304
				and the monitoring program submitted pursuant to ARM
				17.24.314
				and in a manner approved by the department to determine the effects of strip or
				underground mining operations on the recharge capacity of reclaimed lands and
				on the quantity and quality of water in ground water systems in the permit and
				adjacent areas. When operations may affect the ground water system, ground
				water levels and ground water quality must be periodically monitored using
				wells that can adequately reflect changes in ground water quantity and quality
				resulting from such operations. The information must be submitted to the
				department in a format approved by the department.
(2) Monitoring must:
(a) include the measurement of the quantity
				and quality of water in all disturbed or potentially affected geologic strata
				within and adjacent to the permit area. Affected strata are all those adjacent
				to or physically disturbed by mining disturbance and any aquifers below the
				base of the spoils that could receive water from or discharge water to the
				spoils. Monitoring must be of sufficient frequency and extent to adequately
				identify changes in ground water quantity and quality resulting from mining
				operations; and
(b) be adequate to
				plan for modification of strip or underground mining operations, if necessary,
				to minimize disturbance of the prevailing hydrologic
				balance.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.646 - SURFACE WATER MONITORING

Current through Register Vol. 13, July 5, 2024
(1) Surface water
				monitoring must be based on information submitted pursuant to ARM
				17.24.304
				and must be conducted in accordance with the monitoring program submitted under
				ARM
				17.24.314
				and approved by the department. Monitoring must:
(a) be adequate to measure accurately and
				record water quantity and quality of all discharges from the permit
				area;
(b) in all cases in which
				analytical results of the sample collections indicate noncompliance with a
				permit condition or an applicable standard, result in the operator immediately
				taking appropriate remedial measures. Within five days of the discovery of the
				noncompliance, the operator shall notify the department of the noncompliance
				and of the remedial measures taken and shall comply with (6). These remedial
				measures include, but are not limited to, accelerated or additional monitoring,
				abatement, and warning of all persons whose health and safety is in imminent
				danger. Whenever a violation of a Montana pollutant discharge elimination
				system (MPDES) permit occurs, the operator shall forward the analytic results
				concurrently with the written notice of noncompliance;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.647 - TRANSFER OF WELLS

Current through Register Vol. 13, July 5, 2024
(1) With prior
				approval of the department, the permittee may allow the surface owner to use a
				prospecting well or a monitoring well as a water well. To obtain departmental
				approval, the surface owner must submit a written request for transfer and
				evidence that the well has been completed in compliance with standards
				established by the board of water well contractors. The permittee remains
				responsible for proper management of the well and site until final bond
				release.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.648 - WATER RIGHTS AND REPLACEMENT

Current through Register Vol. 13, July 5, 2024
(1) The
				permittee shall replace the water supply of any owner of interest in real
				property who obtains all or part of his supply of water for domestic,
				agricultural, industrial, or other legitimate use from surface or underground
				source if such supply has been affected by contamination, diminution, or
				interruption proximately resulting from strip or underground mine operation by
				the permittee.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-258,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.649 - DISCHARGE OF WATER INTO UNDERGROUND MINES

Current through Register Vol. 13, July 5, 2024
(1)
				Surface and ground waters must not be discharged, diverted, or allowed to
				infiltrate into existing underground mine workings.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.650 - POSTMINING REHABILITATION OF SEDIMENTATION PONDS, DIVERSIONS, IMPOUNDMENTS, AND TREATMENT FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Before
				abandoning the permit area, the operator shall renovate all permanent
				sedimentation ponds, diversions, impoundments, and treatment facilities to meet
				criteria specified in the detailed design plan for the permanent structures and
				impoundments.
(2) All temporary
				sedimentation ponds, diversions, impoundments and treatment facilities must be
				regraded to the approximate original contour and reclaimed prior to abandonment
				of the permit area.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 82-4-232,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.651 - STREAM CHANNEL DISTURBANCES AND BUFFER ZONES

Current through Register Vol. 13, July 5, 2024
(1)
				No land within 100 feet of a perennial stream or intermittent stream or a
				stream reach with a biological community determined according to (3) may be
				disturbed by strip or underground mining operations, nor may the stream itself
				be disturbed, except as approved in accordance with ARM
				17.24.634 through
				17.24.637 and
				17.24.751, upon finding by the
				department that:
(a) the original stream
				function will be restored in accordance with ARM
				17.24.634 and 17.24.751; and
(b) during and after the mining,
				the water quantity and quality and other environmental resources of the stream
				and the lands within 100 feet of the stream will not be adversely
				affected.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology › Rule 17.24.652 - WELLS AND UNDERGROUND OPENINGS: SAFETY

Current through Register Vol. 13, July 5, 2024
(1)
				Each prospecting well, other well, and all other exposed underground openings
				in the permit area must be temporarily sealed before use and temporarily
				protected during use by barricades, fences, or other protective devices
				approved by the department. The permittee shall periodically inspect these
				devices and maintain them in good operating condition.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.701 - REMOVAL OF SOIL

Current through Register Vol. 13, July 5, 2024
(1) Prior to any
				surface disturbance by the mining operation, and after the removal of
				vegetation that would interfere with soil removal and use, all soil suitable
				for reclamation use must be removed. Exceptions may be granted if the operator
				demonstrates to the satisfaction of the department that a site-specific
				disturbance would be insignificant and that soil loss, degradation, and
				contamination would be minimized.
(2) The operator shall use a multiple-lift
				soil handling method consisting of the separate handling of surface soil (A, E,
				and possibly upper B or C horizons) and subsurface soil (underlying B and C
				horizons) during salvage, stockpiling, and redistribution, unless, for any
				particular soil component, the operator affirmatively demonstrates, and the
				department finds, that multiple lifts are not necessary to achieve reclamation
				consistent with the Act, rules and reclamation plan.
(3) Undisturbed soils must be protected to
				the extent possible from contamination and degradation and soil salvage
				operations must be conducted in a manner and at a time that minimizes erosion,
				contamination, degradation, compaction, and deterioration of the biological
				properties of the soil.
(4) Soil
				removal is not required for minor disturbances which occur at the site of small
				structures such as power poles, signs or fences or where operations will not
				destroy vegetation and cause erosion.
AUTH:
					 82-4-205,
					 82-4-231, MCA; IMP:
					 82-4-232,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.702 - REDISTRIBUTION AND STOCKPILING OF SOIL

Current through Register Vol. 13, July 5, 2024
(1)
				After salvage, soil must be immediately redistributed according to the
				requirements of (5) and (6) on areas graded to the approved postmining
				topography.
(2) Salvaged soil must
				be stockpiled if graded areas are not immediately available for redistribution.
				Soil stockpiles must be located where they will not be disturbed by mining
				operations and will not be lost to wind or water erosion. Compaction,
				contamination, and degradation of stockpiles must be minimized. Stockpiled soil
				must not be rehandled until replaced on regraded areas, unless authorized by
				the department.
(3)
(a) Inactive soil stockpiles must be seeded
				or planted with an effective cover of non-noxious, quick-growing, annual and/or
				perennial plants during the first normal period favorable for
				planting.
(b) Active stockpiles or
				stockpiles that will be used within one year do not require seeding. However,
				other measures must be taken as necessary to minimize erosion.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.703 - SUBSTITUTION OF OTHER MATERIALS FOR SOIL

Current through Register Vol. 13, July 5, 2024
(1) Any
				application for permit or accompanying reclamation plan that for any reason
				proposes to use materials other than, or along with, soil and final surfacing
				of spoil or other disturbances must document problems of soil quantity or
				quality. The following requirements must be met before use of material other
				than soil will be allowed:
(a) The operator
				shall demonstrate and the department shall find that the resulting medium is at
				least as capable as the soil of supporting the approved vegetation and
				postmining land use (see ARM
				17.24.304(1) (g) and (1)
				(k)).
(b) The medium must be the best available in
				the permit area to support revegetation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.704 through 17.24.710 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.711 - ESTABLISHMENT OF VEGETATION

Current through Register Vol. 13, July 5, 2024
(1) Vegetation
				must be reestablished in accordance with
				82-4-233, MCA. For purposes of
				that statute, "other constructed features" means discrete man-made features
				less than two acres in size that are incorporated into reclaimed areas, that
				have been constructed to an approved design, and that do not require
				revegetation to achieve the approved postmining land use or postmining slope
				stability.
(2) For areas designated
				prime farmland, the requirements of ARM
				17.24.811 and
				17.24.815 must be met.
(3) The department shall determine cover,
				planting, and stocking specifications either on a programmatic basis or for
				each operation based on local and regional conditions after consultation with
				and approval by:
(a) the department of fish,
				wildlife, and parks for reclamation to land uses involving fish and wildlife
				habitat; and
(b) the department of
				natural resources and conservation for reclamation to land uses involving
				forestry.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.713 - TIMING OF SEEDING AND PLANTING

Current through Register Vol. 13, July 5, 2024
(1) Seeding
				and planting of disturbed areas must be conducted during the first appropriate
				period favorable for planting after final seedbed preparation unless a variance
				is approved by the department. The appropriate period favorable for planting is
				that planting time generally accepted locally for the type of plant materials
				selected to meet specific site and climatic conditions.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-233,
					 82-4-234,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.714 - SOIL STABILIZING PRACTICES

Current through Register Vol. 13, July 5, 2024
(1) Such
				practices as seedbed preparation, mulching, or cover cropping must be used on
				all regraded and resoiled areas to control erosion, to promote germination of
				seeds, and to increase the moisture retention of the soil until an adequate,
				permanent cover is established. This requirement may be suspended if the
				operator demonstrates to the department's satisfaction that it is not needed to
				control air or water pollution and erosion.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-233,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.716 - METHOD OF REVEGETATION

Current through Register Vol. 13, July 5, 2024
(1) All
				revegetation must be in compliance with the approved reclamation plan and
				carried out in a manner that encourages prompt vegetation
				establishment.
(2) Revegetation
				must be accomplished by drill or broadcast seeding, by seedling transplants, by
				establishing sod plugs, or by other methods. All methods must have prior
				approval of the department. All seeding must be done on the contour, whenever
				possible. Mixed seedings must be conducted in a manner and at a time that will
				avoid deleterious competition of different vegetal types or to avoid seed
				distribution problems due to different seed sizes.
(3) Seeding rates must be calculated on a
				pure live seed basis, and purity and germination percentages must be
				documented.
(4) To the extent
				possible, the operator shall utilize seed mixes free of weedy or other
				undesirable species and shall utilize the best reclamation and land management
				techniques available to prevent establishment of noxious weeds on all disturbed
				and reclaimed areas. The operator shall control noxious weeds in accordance
				with the Noxious Weed Management Act (7-22-2101 through
				7-22-2153, MCA, as
				amended).
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-233,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.717 - PLANTING OF TREES AND SHRUBS

Current through Register Vol. 13, July 5, 2024
(1) Tree or
				shrub species necessary to meet the approved postmining land use must be
				adapted for local site conditions and climate. Trees and shrubs must be planted
				in combination with herbaceous species as necessary to achieve the postmining
				land use and as approved by the department. If necessary to increase tree and
				shrub survival, seeding of the herbaceous species may be delayed providing that
				measures are taken to control air and water pollution and erosion.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-233,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.718 - SOIL AMENDMENTS, MANAGEMENT TECHNIQUES, AND LAND USE PRACTICES

Current through Register Vol. 13, July 5, 2024
(1) Soil amendments must be used as necessary
				to supplement the soil and to aid in the establishment of a permanent
				vegetative cover as specified in the approved reclamation plan or as later
				deemed necessary by the department.
(2) An operator may use husbandry practices,
				approved by the department, for management of vegetation consistent with the
				approved reclamation plan without affecting the minimum responsibility period.
				If husbandry practices other than those specified for the approved land use are
				employed, the minimum responsibility period will start after the last such
				unapproved practice is used.
(3)
				Reclamation land use practices including, but not limited to, grazing, haying,
				or chemical applications, may not be conducted in a manner or at a time that
				interferes with establishment and/or persistence of seeded and planted grasses,
				forbs, shrubs, and trees or with other reclamation requirements.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-233,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.719 - LIVESTOCK GRAZING IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, MCA; IMP,
					 82-4-233,
					 82-4-235,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.720 - ANNUAL INSPECTIONS FOR REVEGETATED AREAS IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, MCA; IMP,
					 82-4-233,
					 82-4-235,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.721 - ERADICATION OF RILLS AND GULLIES

Current through Register Vol. 13, July 5, 2024
(1) When
				rills or gullies form in areas that have been regraded and resoiled, the rills
				or gullies must be filled, graded, or otherwise stabilized and the area
				reseeded or replanted if rills or gullies are:
(a) disrupting the approved postmining land
				use or reestablishment of the vegetative cover; or
(b) causing or contributing to a violation of
				water quality standards for a receiving stream.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.723 - MONITORING

Current through Register Vol. 13, July 5, 2024
(1) The operator shall conduct periodic
				vegetation, soils, and wildlife monitoring under plans submitted pursuant to
				ARM 17.24.312(1)(d)
				and 17.24.313(1)(g) and
				(h) and the approved postmining land use as
				approved by the department.
(2) The
				data and a narrative interpretation thereof must be submitted on a schedule and
				in a manner approved by the department. Detail of the narrative interpretation
				must be determined in consultation with the department to demonstrate
				compliance with the Act, other state and federal laws, and applicable rules in
				this chapter.
(3) If the data
				indicate that corrective measures are necessary, the operator shall implement
				corrective measures to comply with permit requirements.
(4) The operator may request and the
				department may approve revision or discontinuation of a monitoring program, if
				it can be documented that adverse impacts have not occurred and are unlikely to
				occur or that mitigating measures have been effective.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-233,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.724 - REVEGETATION SUCCESS CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) Success of
				revegetation must be determined by comparison with unmined reference areas or
				by comparison with technical standards. Reference areas and standards must be
				representative of vegetation and related site characteristics occurring on
				lands exhibiting good ecological integrity. The department must approve the
				reference areas, technical standards, and methods of comparison.
(2) Reference areas are parcels of land
				chosen for comparison to revegetated areas. A reference area is not required
				for vegetation parameters with approved technical standards. Reference areas
				must be in a condition that does not invalidate or preclude comparison to
				revegetated areas and the operator must:
(a)
				have legal right to control the management of all approved reference areas;
				and
(b) manage reference areas in a
				manner that is comparable to the management of the revegatated areas and in
				accordance with the approved postmining land use.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.725 - PERIOD OF RESPONSIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in
				82-4-235(4), MCA,
				et seq., the minimum period of responsibility for reestablishing vegetation
				begins after the last seeding, planting, fertilizing, irrigating, or other
				activity related to phase III reclamation as determined by the department
				unless it can be demonstrated that such work is a normal husbandry practice
				that can be expected to continue as part of the postmining land use or if
				discontinuance of the practices after the liability period expires will not
				reduce the probability of permanent revegetation success.
(2) Except as provided in
				82-4-235(3), MCA,
				an application for phase III bond release may not be submitted prior to the end
				of the tenth growing season.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-233,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.726 - VEGETATION MEASUREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Standard,
				consistent, and statistically valid field and laboratory methods must be used
				to obtain and evaluate vegetation data consistent with
				82-4-233 and
				82-4-235, MCA, and to compare
				revegetated area data with reference area data and/or with technical standards.
				Specific field and laboratory methods used and schedules of assessments must be
				approved by the department for inclusion in the permit. In addition to these
				and other requirements described in this rule, the department shall supply
				guidelines regarding representative field and laboratory methods.
(2) Production, cover, and density shall be
				considered equal to the approved success standard when they are equal to or
				greater than 90 percent of the standard with 90 percent statistical confidence,
				using an appropriate (parametric or non-parametric) one-tail test with a 10
				percent alpha error.
(3) Areas to
				be developed for grazing land, pastureland, or cropland must meet or exceed the
				applicable performance standards in (1) and (2) in any two years after year six
				of the phase III bond period of responsibility. Pursuant to ARM
				17.24.1113, the department shall
				evaluate the vegetation at the time of the bond release inspection for phase
				III to confirm the findings of the quantitative data.
(4) Areas to be developed for fish and
				wildlife habitat, forestry, or recreation must meet or exceed the performance
				standards in (1) and (2), excluding production, and a minimum tree and shrub
				density following the requirements of (1). Tree and shrub density must be
				sampled during the last growing season of the phase III bond period of
				responsibility. Sampling must demonstrate the following conditions:
(a) all trees and shrubs must be healthy and
				have been in place for not less than two growing seasons;
(b) at least 80 percent of the trees and
				shrubs used to determine success shall have been in place for at least the last
				six years of the phase III bond period of responsibility; and
(c) volunteer and sucker trees and shrubs of
				the approved species may be included in the accounting for
				success.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.728 - COMPOSITION OF VEGETATION IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, MCA; IMP,
					 82-4-233,
					 82-4-235,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.730 - SEASON OF USE IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, MCA;
					 82-4-233,
					 82-4-235,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.731 - ANALYSIS FOR TOXICITY

Current through Register Vol. 13, July 5, 2024
(1) Where toxicity
				to plants or animals is suspected due to the effects of disturbance, the
				department may require comparative chemical analyses of the plants or animals,
				or both, on the revegetated area and the reference area. Alternatively, the
				department may require or approve a comparison of chemical analyses of plants
				or animals, or both, from the revegetated area with suitable
				standards.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-233,
					 82-4-235,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.732 - VEGETATION REQUIREMENTS FOR PREVIOUSLY CROPPED AREAS IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, MCA; IMP,
					 82-4-233,
					 82-4-235,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.733 - MEASUREMENT STANDARDS FOR TREES, SHRUBS, AND HALF-SHRUBS IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204,
					 82-4-205, MCA; IMP,
					 82-4-233,
					 82-4-235,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.734 through 17.24.750 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.752 through 17.24.760 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.761 - AIR RESOURCES PROTECTION

Current through Register Vol. 13, July 5, 2024
(1) Each operator
				shall employ fugitive dust control measures as an integral part of site
				preparation, coal mining and reclamation operations in accordance with
				82-4-231(10) (m),
				MCA, the operator's air quality permit, and applicable federal and state air
				quality standards.
(2) Air
				monitoring equipment must be installed and monitoring must be conducted in
				accordance with the air monitoring plan required under ARM
				17.24.311 and approved by the
				department.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.762 - POSTMINING LAND USE

Current through Register Vol. 13, July 5, 2024
(1) The postmining
				land use must satisfy
				82-4-203 (28) and
				82-4-232 (7),
				MCA. In applying
				82-4-232(7), MCA,
				the following principles apply:
(a) The
				premining uses of the land to which the postmining land use is compared are
				those that the land previously supported or could have supported if the land
				had not been mined and had been properly managed.
(b) The postmining land use for land that has
				been previously mined and not reclaimed must be judged on the basis of the land
				use that existed prior to any mining. If the land cannot be reclaimed to the
				use that existed prior to any mining because of the previously mined condition,
				the postmining land use must be judged on the basis of the highest and best use
				that can be achieved and is compatible with surrounding areas.
(c) The postmining land use for land that has
				received improper management must be judged on the basis of the premining use
				of surrounding lands that have received proper management.
(d) If the premining use of the land was
				changed within five years of the beginning of mining, the comparison of
				postmining use to premining use must include a comparison with the use of the
				land prior to the change as well as its uses immediately preceding
				mining.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.763 - COAL CONSERVATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, MCA; IMP,
					 82-4-231,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources › Rule 17.24.764 - CROPLAND RECLAMATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				may not approve a postmining land use of cropland unless the following criteria
				are met:
(a) prior to mining, all soils
				within the proposed cropland reclamation area must have been at least
				capability class IV, based on U.S. natural resources conservation service
				criteria;
(b) soils proposed for
				use must have the following properties:
(i)
				loamy texture, as defined by the U.S. soil conservation service in the Soil
				Survey Manual, chapter 4 as revised May, 1981, pp. 4-56 and 4-57;
(ii) rock fragment (gravels, cobbles, and
				channers only) contents less than 20% in the first lift and less than 35% in
				the second lift;
(iii) after
				materials are replaced, no greater than moderate wind and water erosion hazards
				as determined by U.S. natural resources conservation service procedures;
				and
(iv) levels of electrical
				conductivity, sodium adsorption ratio, and plant available water-holding
				capacity meeting the criteria for class III soils according to the "Land
				Capability Guide for Montana, U.S. Soil Conservation Service, June 1988", which
				is incorporated by reference into this rule. A copy of this document may be
				obtained from the Natural Resources Conservation Service, 10 E. Babcock St.,
				Bozeman, MT 59715;
(c)
				soil materials must be capable of selection and handling in such a way, and
				redistribution to such a thickness, and the underlying regraded spoil
				properties must be of sufficient quality, that the postmining productivity of
				the root zone will be sufficient to support cropland as the postmining land
				use;
(d) slope gradients must not
				exceed 8%;
(e) the area must
				receive a minimum of 12 inches average annual precipitation, or there must be
				sufficient irrigation water available and committed to maintain crop
				production;
(f) the area must not
				be subject to flooding that would impair its suitability as cropland due to
				flood effects including, but not limited to, erosion, siltation, and
				inundation;
(g) the area must have
				a minimum of 90 frost-free days per year; and
(h) the department must determine that:
(i) saline seep on the proposed cropland area
				will not occur; and
(ii) the
				reclaimed area will not function as a saline seep recharge area for lands
				downgradient.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.801 - ALLUVIAL VALLEY FLOORS: PRESERVATION OF ESSENTIAL HYDROLOGIC FUNCTIONS AND PROTECTION OF FARMING

Current through Register Vol. 13, July 5, 2024
(1) Strip or
				underground coal mining operations must be conducted to preserve, throughout
				the mining and reclamation process, the essential hydrologic functions of
				alluvial valley floors not within a permit area. These functions must be
				preserved by maintaining those geologic, hydrologic and biologic
				characteristics that support those functions.
(2) Strip or underground coal mining and
				reclamation operations must be conducted to reestablish, throughout the mining
				and reclamation process, the essential hydrologic functions of alluvial valley
				floors within an area of land affected. These functions must be reestablished
				by reconstructing those geologic, hydrologic and biologic characteristics that
				support those functions.
(3) Strip
				or underground coal mining operations must be conducted to ensure that the
				agricultural utility and the level of productivity of alluvial valley floors in
				affected areas are reestablished to premining levels.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.802 - ALLUVIAL VALLEY FLOORS: PROTECTION OF FARMING AND PREVENTION OF MATERIAL DAMAGE

Current through Register Vol. 13, July 5, 2024
(1)
(a)
				Strip or underground coal mining operations must not interrupt, discontinue, or
				preclude farming on alluvial valley floors, unless:
(i) the premining land type is undeveloped
				rangeland that is not significant to farming; or
(ii) the area of affected alluvial valley
				floor is small and provides or may provide negligible support for production
				from one or more farms.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.804 - ALLUVIAL VALLEY FLOORS: MONITORING

Current through Register Vol. 13, July 5, 2024
(1) An
				environmental monitoring system must be installed, maintained and operated by
				the permittee on all alluvial valley floors during strip or underground coal
				mining and reclamation operations and continued until all bonds are released in
				accordance with ARM
				17.24.1114. The monitoring system
				must provide sufficient information to allow the department to determine that:
(a) the agricultural utility and production
				of the alluvial valley floor not within the affected area is being
				preserved;
(b) the potential
				agricultural utility and production on the alluvial valley floor within the
				area the land affected has been reestablished;
(c) the important characteristics supporting
				the essential hydrologic functions of the alluvial valley floor in the affected
				area have been reestablished after mining;
(d) the important characteristics supporting
				the essential hydrologic functions of an alluvial valley floor in areas not
				affected are preserved during and after mining;
(e) farming on lands protected under ARM
				17.24.802 is not being
				interrupted, discontinued, or precluded; and
(f) the operation is not causing material
				damage to the quantity or quality of water in the surface or underground
				systems that supply alluvial valley floors protected under ARM
				17.24.802.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.805 - ALLUVIAL VALLEY FLOORS: SIGNIFICANCE DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) The significance of the impact of the
				proposed operations on farming is based on the relative importance of the
				vegetation and water of the grazed or hayed alluvial valley floor area to the
				farm's production, or any more stringent criteria established by the department
				as suitable for site-specific protection of agricultural activities in alluvial
				valley floors. The effect of the proposed operations on farming is
				"significant" if the operations would, over the life of the mine, have more
				than a negligible impact on the farm's agricultural production. In making the
				determination of "significance", the department shall consult with the affected
				landowner(s).
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 82-4-231,
					 MCA