reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.515 - HIGHWALL REDUCTION

Current through Register Vol. 13, July 5, 2024
(1) Highwalls must
				be eliminated and the reduced highwall slope must be no greater than whatever
				slope is necessary to achieve a minimum long-term static safety factor of 1.3.
				The department may specify a lesser slope whenever necessary to achieve
				postmining slope stability. Highwall reduction must be commenced at or beyond
				the top of the highwall and sloped to the graded spoil bank.
(2) Highwall reduction alternatives may be
				permitted only to replace bluff features that existed before mining and where
				the department determines that:
(a)
				postmining bluffs are compatible with the proposed postmining land
				use;
(b) postmining bluffs are
				stable, achieving a minimum long-term static safety factor of 1.3;
(c) similar geometry and function exists
				between pre- and postmining bluffs;
(d) the horizontal linear extent of
				postmining bluffs does not exceed that of the premining condition;
				and
(e) highwalls will be
				backfilled to the extent that the uppermost mineable coal seam is buried in
				accordance with ARM
				17.24.505(1).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.516 - ADJACENT STRIP AND UNDERGROUND MINING OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) An operator who conducts a strip or
				underground mining operation adjacent to any active or abandoned underground
				mining operation, must comply with the following:
(a) A 500-foot barrier pillar of coal must be
				maintained between the strip and underground mining operations in any one seam.
				The department, the mine safety and health administration, and the Montana
				division of worker's compensation of the department of labor and industry,
				however, may approve a lesser distance after a finding by the department that
				mining at a lesser distance will result in:
(i) improved coal resources
				recovery;
(ii) abatement of water
				pollution; or
(iii) elimination of
				hazards to the health and safety of the public.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.517 - SLIDES AND OTHER DAMAGE

Current through Register Vol. 13, July 5, 2024
(1) An undisturbed
				natural barrier, as approved by the department, must be provided beginning at
				the elevation of the lowest coal seam to be mined and extending from the
				outslope for such distance as may be determined by the department as is needed
				to assure stability. The barrier must be retained in place as needed to prevent
				slides and erosion.
(2) Whenever a
				slide that may have a potential adverse effect on public property, health,
				safety, or the environment occurs, the person who conducts the strip or
				underground mining activities shall notify the department by the fastest
				available means and comply with any remedial measures required by the
				department.
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 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.518 - BUFFER ZONES

Current through Register Vol. 13, July 5, 2024
(1) All mining
				activities, including highwall reduction and related reclamation, must cease at
				least 100 feet from a property line, permanent structure, unmineable or
				unreclaimable steep or precipitous terrain, or any area determined by the
				department to be of unique scenic, historical, cultural, or other unique value.
				If special values or problems are encountered, the department may modify buffer
				zone requirements.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.519 - MONITORING FOR SETTLEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				may require the operator to monitor settling of regraded areas. The results of
				these studies may be used to alter reclamation, spoiling and grading techniques
				to alleviate uneven settling problems on future areas to be mined.
82-4-205, MCA; IMP,
					 82-4-232,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.519A - THICK OVERBURDEN AND EXCESS SPOIL (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, MCA; IMP,
					 82-4-231,
					 82-4-232,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.521 - TEMPORARY CESSATION OF OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) Each
				operator shall effectively secure surface facilities in areas in which there
				are no current operations, but in which operations are to be resumed under an
				approved permit. Temporary cessation does not relieve an operator of his
				obligation to comply with the provisions of the approved permit.
(2) Before temporary cessation of mining and
				reclamation operations extends for a period of 30 days or more, or as soon as
				it is known that a temporary cessation will extend beyond 30 days, an operator
				shall submit to the department a notice of intention to temporarily cease
				mining and reclamation operations. This notice must include a statement of the
				exact number of acres that will have been affected in the permit area, prior to
				such temporary cessation; the extent and kind of reclamation of those areas
				that will have been accomplished; and identification of the backfilling,
				regrading, revegetation, environmental monitoring, and water treatment
				activities that will continue during the temporary cessation.
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 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.522 - PERMANENT CESSATION OF OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) An
				operator who permanently ceases strip or underground mining operations in all
				or part of the permit area, shall close or backfill and otherwise permanently
				reclaim all affected areas, in accordance with the Act, rules adopted
				thereunder, and the permit as approved by the department. This must occur
				regardless of whether the permit has expired, or has been revoked or
				suspended.
(2) All surface and
				underground openings, equipment, structures, or other facilities not required
				for monitoring, unless approved by the department as suitable for the
				postmining land use or environmental monitoring, must be removed and the
				affected land reclaimed.
(3)
				Equipment needed for reclamation may not be removed from the mine until
				reclamation is complete.
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 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.523 - COAL FIRES AND COAL CONSERVATION

Current through Register Vol. 13, July 5, 2024
(1) Coal
				fires in coal processing wastes, storage piles and bins, or unmined or waste
				coal in mine pits must be extinguished by the operator in accordance with a
				plan approved by the department and the mine safety and health administration.
				The plan must contain, at a minimum, provisions to ensure that only those
				persons authorized by the operator and who have an understanding of the
				procedures to be used are involved in the extinguishing operations.
(2) Strip or underground mining operation
				must be conducted to prevent failure to conserve coal, utilizing the best
				technology currently available to maintain appropriate environmental
				protection. The operator shall adhere to the approved coal conservation plan
				required in ARM
				17.24.322.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-232,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements › Rule 17.24.524 - SIGNS AND MARKERS

Current through Register Vol. 13, July 5, 2024
(1) All signs
				required to be posted by the operator must be of a standard design throughout
				the operation that can be seen and read easily and must be made of durable
				material. Signs must not be placed where their visibility is reduced by parked
				vehicles, splashed mud, or other causes. The signs and other markers must be
				maintained during all operations to which they pertain and must conform to
				local ordinances and codes, where applicable.
(2) Signs identifying the mine area must be
				displayed at all points of access to the permit area from public roads and
				highways. Signs must show the name, business address and telephone number of
				the permittee, identification numbers of current mining and reclamation permits
				and the mine safety and health administration identification number for the
				site, and, where the operation is conducted for the permittee by a contractor,
				the name, business address and telephone number of the person who conducts the
				mining activities. Such signs must not be removed until after release of all
				bonds.
(3) The perimeter of the
				permit area must be clearly marked by durable and easily recognized markers or
				by other means approved by the department. Each marker must be visible from
				each adjacent marker, or markers must be joined by fencing or other durable
				means approved by the department. Such markers must be designed so that their
				visibility will not be reduced in general by operation of equipment, weather
				effects, and other normally occurring effects. The markers must be in place
				before the start of any mining activities.
(4) Buffer zones as defined in ARM
				17.24.518 may or may not be
				included within the permit area. If included within the permit area, the
				boundaries of buffer zones must be marked separately and distinctly from
				perimeter markers wherever the boundaries of both do not coincide. Wherever the
				boundaries do coincide, only perimeter markers are necessary as described in
				(3).
(5) If blasting is necessary
				to conduct surface coal mining operations, signs reading "Blasting Area" must
				be displayed conspicuously along the edge of any blasting area that comes
				within 50 feet of any road within the permit area, or within 100 feet of any
				public road right-of-way. The operator shall also:
(a) conspicuously flag, or post within the
				blasting area, the immediate vicinity of charged holes; and
(b) place at all entrances to the permit area
				from public roads or highways conspicuous signs that state "Warning! Explosives
				in Use", and that clearly explain the blast warning and all clear signals in
				use and explain the marking of blast areas.
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 17.24.602 - LOCATION OF ROADS AND RAILROAD LOOPS

Current through Register Vol. 13, July 5, 2024
(1) The
				location of a proposed road or railroad loop must be identified on the site by
				visible markings prior to the commencement of construction. Construction must
				not proceed along dry coulees, or intermittent or perennial drainageways unless
				the operator demonstrates that no off-site sedimentation will result and all
				the requirements of this subchapter are met, or in wet, boggy, steep, or
				unstable areas.
(2) All roads,
				insofar as possible, must be located on ridges or on the available flatter and
				more stable slopes to minimize erosion. Stream fords are prohibited, except for
				temporary routes across dry, ephemeral streams that are specifically approved
				by the department. The department may approve crossings that will not adversely
				affect sedimentation or fish, wildlife, or related values, and that will not be
				used for hauling. Other stream crossings must be made using bridges, culverts
				or other structures designed and constructed to meet the requirements of this
				section. Roads must not be located in stream channels or be constructed or
				maintained in a manner that increases erosion or causes significant
				sedimentation or flooding. However, nothing in this section prohibits
				relocation of stream channels in accordance with ARM
				17.24.631 through
				17.24.637.
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 17.24.603 - ROAD AND RAILROAD LOOP EMBANKMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				After soil is salvaged from embankment areas pursuant to ARM
				17.24.701 through
				17.24.703, all organic material
				must be removed from the embankment foundation to increase stability.
(2) All material used in embankments must be
				suitable for the intended use. The material must be free of organic matter,
				coaly or carbonaceous material, wet or frozen materials, and any other material
				considered unsuitable by the department for use in embankment
				construction.
(3) Embankment layers
				must be compacted as necessary to ensure that the embankment is adequate to
				support the anticipated volume, weight, and speed of vehicles to be
				used.
(4) Road and railroad loop
				embankments must have a minimum static safety factor of 1.3 under any condition
				of loading likely to occur, or such higher factor as the department determines
				to be reasonably necessary for safety or protection of property.
(5) Any embankment that impounds water as
				part of the sediment control plan must be designed and constructed in
				accordance with ARM
				17.24.639.
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 17.24.604 - SOIL REMOVAL IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, 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 17.24.605 - HYDROLOGIC IMPACT OF ROADS AND RAILROAD LOOPS

Current through Register Vol. 13, July 5, 2024
(1) Access and haul roads and railroad loops
				and associated bridges, culverts, ditches, and road rights-of-way must be
				constructed, maintained, and reclaimed to prevent additional contributions of
				suspended solids to streamflow, diversions, or to runoff outside the permit
				area to the extent possible, using the BTCA.
(2) Drainage ditches must be placed at the
				toe of all cut slopes formed by the construction of roads. Drainage structures
				must be constructed to cross a stream channel and must not affect the flow or
				sediment load of the stream unless otherwise approved by the department in
				writing for a site-specific situation.
(3) Railroad loops and all roads except ramp
				roads must be adequately drained using structures such as, but not limited to,
				ditches, water barriers, cross-drains, ditch-relief drainages, culverts, and
				bridges.
(4) For railroad loops and
				for roads that are to be maintained for more than six months and for all roads
				used to haul coal or spoil (excluding ramp roads) or to be retained for the
				postmining land use, water-control structures must be designed with a discharge
				capacity capable of safely passing the peak runoff from a 10-year, 24-hour
				precipitation event or greater event as specified by the department.
(5) Bridges with a span of 30 feet or less
				must be designed to safely pass a 25-year, 24-hour precipitation event. All
				other bridges must be designed to safely pass the 100-year, 24-hour
				precipitation event or greater event as specified by the department.
(6) Drainage pipes and culverts must be
				constructed to avoid plugging or collapse and erosion at inlets and outlets.
				Culverts must be designed, constructed, and maintained to sustain the vertical
				soil pressure, the passive resistance of the foundation, and the weight of
				vehicles to be used.
(7) Natural
				channel drainageways must not be altered or relocated for road or railroad loop
				construction or reconstruction without the prior approval of the department in
				accordance with ARM
				17.24.635 through
				17.24.637. The department may
				approve alterations and relocations only if:
(a) the natural channel drainage is not
				blocked;
(b) no significant damage
				occurs to the hydrologic balance; and
(c) there is not adverse impact on adjoining
				landowners.
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 17.24.606 - SURFACING OF ROADS IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204, 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 17.24.607 - MAINTENANCE OF ROADS AND RAILROAD LOOPS

Current through Register Vol. 13, July 5, 2024
(1) All
				roads must be routinely maintained by means such as, but not limited to,
				wetting, scraping or surfacing, and replacement of paving materials, such that
				the required design standards of the roads are met throughout the life of the
				operation.
(2) Ditches, culverts,
				drains, trash racks, debris basins and other structures serving to drain roads
				and railroad loops must not be restricted or blocked in any manner that impedes
				drainage or adversely affects the intended purpose of the structure unless the
				department determines that:
(a) the operator
				cannot maintain structures indicated in (2) above due to wet field
				conditions;
(b) obstructions to
				these structures will not result in environmental damage or imminent harm to
				the health and safety of the public; and
(c) runoff and sediment are contained in
				accordance with the approved drainage control plan.
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 17.24.608 - IMPACTS OF OTHER TRANSPORT FACILITIES

Current through Register Vol. 13, July 5, 2024
Other transportation facilities within the area of land
				  affected, including railroad spurs, sidings, surface conveyor systems, chutes,
				  aerial tramways, pipelines, powerlines, and other transport facilities must be
				  designed, constructed, reconstructed, maintained, and reclaimed to:
(1) control and minimize diminution or
				degradation of water quality and quantity;
(2) control and minimize air
				pollution;
(3) prevent damage to
				public and private property; and
(4) prevent, to the extent possible using the
				BTCA:
(a) damage to fish, wildlife, and
				related environmental values; and
(b) additional contributions of suspended
				solids to streamflow or runoff outside the permit area. Any such contributions
				must not be in excess of limitations of state or federal
				law.
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 17.24.609 - OTHER SUPPORT FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Support
				facilities, including temporary and mobile facilities, required for, or used
				incidentally to, the operation of the mine including, but not limited to, mine
				buildings, rock crushers, coal loading facilities, coal storage facilities,
				equipment storage facilities, fan buildings, hoist buildings, preparation
				plants, septic systems, sewage lagoons, fuel storage and distribution
				facilities, sheds, shops, other buildings, and environmental monitoring sites
				must be designed, constructed or reconstructed, and located to prevent or
				control erosion and siltation, water pollution, and damage to public or private
				property. Support facilities must be designed, constructed or reconstructed,
				maintained, and used in a manner which prevents, to the extent possible using
				the BTCA:
(a) damage to fish, wildlife, and
				related environmental values; and
(b) additional contributions of suspended
				solids to streamflow or runoff outside the permit area. Any such contributions
				must not be in excess of limitations of state or federal
				law.
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 17.24.610 - PERMANENT ROADS

Current through Register Vol. 13, July 5, 2024
(1) Permanent roads
				approved as a part of the postmining land use must be designed and built to
				minimize maintenance needs and to provide maximum control of erosion through
				ditching, seeding, and other appropriate measures approved by the
				department.
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 17.24.621 - GENERAL REQUIREMENTS FOR USE OF EXPLOSIVES

Current through Register Vol. 13, July 5, 2024
(1) Each operator shall comply with all
				applicable state and federal laws in the use of explosives.
(2) Blasts that use more than 5 pounds of
				explosive or blasting agent must be conducted according to the schedule
				required by ARM
				17.24.623.
(3) All blasting operations must be conducted
				by experienced, trained, and competent persons who understand the hazards
				involved. Each person responsible for blasting operations must possess a valid
				certification. See ARM
				17.24.1260 through
				17.24.1263.
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 17.24.622 - PREBLASTING SURVEY

Current through Register Vol. 13, July 5, 2024
(1)
(a) At least 30 days before initiation of
				blasting, the operator shall advise, in writing, all residents or owners of
				dwellings or other structures within 1/2 mile of the permit area how to request
				a preblasting survey.
(b) Any
				survey requested more than 10 days before the planned initiation of blasting
				must be completed by the operator before the initiation of blasting.
(c) On the request to the department by a
				resident or owner of a dwelling or structure that is located within 1/2 mile of
				any part of the permit area, the operator must promptly conduct a preblasting
				survey of the dwelling or structure and promptly submit a report of the survey
				to the department and to the person requesting the survey. If a structure is
				renovated or added to subsequent to a preblasting survey, then upon request to
				the department a survey of such additions and renovations must be performed in
				accordance with this section.
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 17.24.623 - BLASTING SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) The operator
				shall publish a blasting schedule at least ten days, but not more than 20 days,
				before beginning a blasting program in which blasts that use more than five
				pounds of explosive or blasting agent are detonated. The blasting schedule must
				be published once in a newspaper of general circulation in the locality of the
				blasting site.
(2) Copies of the
				schedule must be distributed by mail to local governments and public utilities
				and by mail or delivered to each residence within 1/2 mile of the permit area
				described in the schedule. For the purposes of this section, the permit area
				does not include haul or access roads, coal preparation and loading facilities,
				and transportation facilities between coal excavation areas and coal
				preparation or loading facilities, if blasting is not conducted in these areas.
				Copies sent to residences must be accompanied by information advising the owner
				or resident how to request a preblasting survey.
(3) The operator shall republish and
				redistribute the schedule by mail at least every 12 months.
(4) A blasting schedule must not be so
				general as to cover the entire permit area or all working hours, but it must
				identify as accurately as possible the location of the blasting sites and the
				time periods when blasting will occur.
(5) The blasting schedule must contain at a
				minimum:
(a) name, address and telephone
				number of the operator;
(b)
				identification of the township, range and section for specific areas in which
				blasting will take place;
(c) days
				and time periods when explosives are to be detonated;
(d) methods to be used to control access to
				the blasting area;
(e) types of
				audible warnings and all-clear signals to be used before and after blasting;
				and
(f) a description of
				unavoidable hazardous situations referred to in ARM
				17.24.310(1)(f) 
				that have been approved by the department for blasting at times other than
				those described in the schedule.
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 17.24.624 - SURFACE BLASTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				department may limit the area covered, timing, and sequence of blasting, if
				such limitations are necessary and reasonable in order to protect the public
				health and safety or welfare.
(2)
				All blasting must be conducted between sunrise and sunset except that:
(a) The department may specify more
				restrictive time periods, based on public requests or other relevant
				information, according to the need to adequately protect the public from
				adverse noise or seismic disturbances.
(b) Blasting may, however, be conducted
				between sunset and sunrise if:
(i) a blast
				that has been prepared during the afternoon must be delayed due to the
				occurrence of an unavoidable hazardous condition and cannot be delayed until
				the next day because a potential safety hazard could result that cannot be
				adequately mitigated;
(ii) in
				addition to the required warning signals, oral notices are provided to persons
				within 1/2 mile of the blasting site; and
(iii) a complete written report of blasting
				at night is filed by the operator with the department not later than three days
				after the night blasting. The report must include a description in detail of
				the reasons for the delay in blasting including why the blast could not be held
				over to the next day, when the blast was actually conducted, the warning
				notices given, and a copy of the blast record required by ARM
				17.24.626.
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 17.24.625 - SEISMOGRAPH MEASUREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Whenever a
				seismograph is used to monitor the velocity of ground motion and the peak
				particle velocity limits of ARM
				17.24.624(11) are
				not exceeded, the equation in ARM
				17.24.624(14) 
				need not be used. If that equation is not used by the operator, a seismograph
				record must be obtained for each shot.
(2) The use of a modified equation to
				determine maximum weight of explosives per delay for blasting operations at a
				particular site may be approved by the department, on receipt of a petition
				accompanied by reports including seismograph records of test blasting on the
				site. The department may not approve the use of a modified equation if the peak
				particle velocity for the limits specified in ARM
				17.24.624(11) are
				exceeded, meeting a 95% statistical confidence level.
(3) The operator may use the ground vibration
				limits described in the blasting-level chart referenced in
				30 CFR
				816.67 (d) (4) as an alternative to (1) and
				(2), upon approval by the department.
(4) The department may require a seismograph
				record of any or all blasts and may specify the location at which the
				measurements are to be taken.
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 17.24.626 - RECORDS OF BLASTING OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) A
				record of each blast, including seismograph records, must be retained for at
				least three years and must be available for inspection by the department and
				the public on request. Blasting records must be complete and accurate at the
				time of inspection. The record must contain the following data:
(a) name of the operator conducting the
				blast;
(b) location, date, and time
				of the blast;
(c) name, signature,
				and license number of blaster-in-charge;
(d) direction and distance, in feet, from the
				blast hole nearest to a dwelling, or commercial, public, community, or
				institutional building either:
(i) not
				located in the permit area; or
(ii)
				not owned nor leased by the person who conducts the mining
				activities.
(e) weather
				conditions, including temperature, wind direction, and approximate
				velocity;
(f) type of material
				blasted;
(g) number of holes,
				burden, and spacing;
(h) diameter
				and depth of holes;
(i) types of
				explosives used;
(j) total weight
				of explosives used and total weight of explosives used in each hole;
(k) maximum weight of explosives detonated
				within any eight-millisecond period;
(l) maximum number of holes detonated within
				any eight-millisecond period;
(m)
				initiation system;
(n) type and
				length of stemming;
(o) mats or
				other protections used;
(p) type of
				delay detonator and delay periods used;
(q) sketch of the delay pattern;
(r) number of persons in the blasting
				crew;
(s) seismographic and
				airblast records, where required, including:
(i) the calibration signal of the gain
				setting or certification of annual calibration;
(ii) seismographic reading, including exact
				location of seismograph and its distance from the blast, airblast reading,
				dates and times of readings;
(iii)
				name of the person taking the seismograph reading; and
(iv) name of the person and firm analyzing
				the seismographic record; and
(t) reasons and conditions for each blast
				occurring outside the time frames published in the blasting schedule.
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 17.24.631 - GENERAL HYDROLOGY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				permittee shall plan and conduct mining and reclamation operations to minimize
				disturbance to the prevailing hydrologic balance and to prevent material damage
				to the prevailing hydrologic balance outside the permit area.
(2) Changes in water quality and quantity, in
				the depth to ground water, and in the location of surface water drainage
				channels must be minimized so that the postmining land use of the disturbed
				land is not adversely affected and applicable federal and state statutes and
				regulations are not violated.
(3)
(a) The permittee shall conduct operations so
				as to minimize water pollution and shall, where necessary, use treatment
				methods to control water pollution. The permittee shall emphasize mining and
				reclamation practices that will prevent or minimize water pollution. Diversions
				of drainages must be used in preference to the use of water treatment
				facilities.
(b) Practices to
				control and minimize pollution include, but are not limited to, stabilizing
				disturbed areas through land shaping, diverting runoff, achieving quickly
				germinating and growing stands of temporary vegetation, regulating channel
				velocity of water, lining drainage channels with rock or vegetation, mulching,
				selectively placing and sealing acid-forming and toxic-forming materials, and
				selectively placing waste materials in backfill areas.
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 17.24.632 - PERMANENT SEALING OF DRILLED HOLES

Current through Register Vol. 13, July 5, 2024
(1) When
				no longer needed for its intended use as approved by the department and if not
				transferred as a water well under ARM
				17.24.647, each prospecting hole,
				other drilled hole, borehole, or well must be abandoned according to the
				procedures described in ARM
				17.24.1005. Other exposed
				underground openings must also be abandoned in accordance with ARM
				17.24.1005 or, with department
				approval, be cased, sealed, or otherwise managed to prevent acid or other toxic
				drainage from entering the ground or surface waters, to minimize disturbance to
				the prevailing hydrologic balance, and to ensure safety of people, livestock,
				fish and wildlife, and machinery in the permit area and adjacent
				areas.
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 17.24.633 - WATER QUALITY PERFORMANCE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) All
				surface drainage from the disturbed area, including disturbed areas that have
				been graded, seeded, or planted, must be treated by the BTCA before leaving the
				permit area. Additional BTCA practices may be required after commencement of
				the operation if conditions arise that were not anticipated at the time of the
				permit application.
(2) Sediment
				control through BTCA practices must be maintained until the disturbed area has
				been restored, the revegetation requirements of ARM
				17.24.711,
				17.24.713,
				17.24.714,
				17.24.716 through
				17.24.718,
				17.24.721,
				17.24.723 through
				17.24.726, and
				17.24.731 have been met, the area
				meets state and federal requirements for the receiving stream, and evidence is
				provided that demonstrates that the drainage basin has been stabilized
				consistent with the approved postmining land use.
(3) All sediment control must be constructed
				in accordance with ARM
				17.24.638 and
				17.24.639 in approved locations
				before any strip or underground mining operations in the drainage area to be
				affected may begin.
(4) All
				discharges which include water from areas disturbed by strip or underground
				mining operations must be in compliance with all federal and state laws and
				regulations and applicable effluent limitations.
(5) In accordance with
				40 CFR
				434, for certain constituents as defined in
				the operator's MPDES permit, discharge from the disturbed areas is not subject
				to the effluent limitations or BTCA standards of ARM
				17.24.638 if:
(a) the discharge is demonstrated by the
				permittee to have resulted from a precipitation event equal to or larger than a
				10-year, 24-hour precipitation event, or snowmelt runoff of equivalent volume;
				and
(b) the discharge is from BTCA
				practices designed, constructed, and maintained in accordance with (1) through
				(4) and ARM 17.24.639.
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 17.24.634 - RECLAMATION OF DRAINAGE BASINS

Current through Register Vol. 13, July 5, 2024
(1) Reclaimed
				drainage basins, including valleys, channels, and floodplains must be
				constructed to:
(a) comply with the
				postmining topography map required by ARM
				17.24.313(1) (d)
				(iv) and approved by the
				department;
(b) approximate
				original contour;
(c) an
				appropriate geomorphic habit or characteristic pattern consistent with
				82-4-231(10) (k),
				MCA;
(d) allow the drainage channel
				to remain in dynamic equilibrium with the drainage basin system without the use
				of artificial structural controls unless approved by the department;
(e) provide separation of flow between
				adjacent drainages and safely pass the runoff from a six-hour precipitation
				event with a 100-year recurrence interval, or larger event as specified by the
				department;
(f) provide for the
				long-term relative stability of the landscape. The term "relative" refers to a
				condition comparable to an unmined landscape with similar climate, topography,
				vegetation and land use;
(g)
				provide an average channel gradient that exhibits a concave longitudinal
				profile;
(h) establish or restore a
				diversity of habitats that are consistent with the approved postmining land
				use, and restore, enhance where practicable, or maintain natural riparian
				vegetation as necessary to comply with ARM subchapter 7; and
(i) exhibit dimensions and characteristics
				that will blend with the undisturbed drainage system above and below the area
				to be reclaimed and that will accommodate the approved revegetation and
				postmining land use requirements.
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 17.24.635 - GENERAL REQUIREMENTS FOR TEMPORARY AND PERMANENT DIVERSION OF OVERLAND FLOW, THROUGH FLOW, SHALLOW GROUND WATER FLOW, EPHEMERAL DRAINAGEWAYS, AND INTERMITTENT AND PERENNIAL STREAMS

Current through Register Vol. 13, July 5, 2024
(1) The
				department may require or approve a diversion of flow whenever:
(a) the purpose is to divert water away from
				disturbed areas, to minimize erosion, to reduce the volume of water requiring
				treatment or to prevent or remove water from contact with acid- or
				toxic-forming materials; and
(b)
				the department finds that the diversion will not adversely affect the water
				quantity and quality and related environmental resources of the stream. (See
				also ARM 17.24.633,
				17.24.634,
				17.24.651, and
				17.24.751.)
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 17.24.636 - SPECIAL REQUIREMENTS FOR TEMPORARY DIVERSIONS

Current through Register Vol. 13, July 5, 2024
(1) A temporary diversion must be constructed
				to pass safely the peak runoff from a precipitation event with a 10-year,
				24-hour recurrence interval, or a larger event as specified by the
				department.
(2) If channel lining
				is required to prevent erosion, the channel lining must be designed using
				standard engineering practices to safely pass design velocities.
(3) Freeboard must be as specified by the
				department, but no less than 1.0 foot.
(4) Energy dissipators must be installed in
				streams where exit velocity of the diversion is greater than that of the
				receiving stream.
(5) Whenever
				streamflow is allowed to be diverted, the stream channel diversion must be
				designed, constructed, and removed in accordance with the following
				requirements:
(a) The longitudinal profile of
				the stream, the channel, and the floodplain must be designed and constructed to
				remain stable and to prevent, to the extent possible using the BTCA, additional
				contributions of suspended solids to streamflow or to runoff outside the permit
				area. These contributions must not be in excess of requirements of state or
				federal law. Erosion control structures, such as channel lining structures,
				basins, and artificial channel roughness structures, may be used in diversions
				only when approved by the department as being necessary to control
				erosion.
(b) The combination of
				channel, bank, and flood-plain configurations must be adequate to pass safely
				the peak runoff of a 10-year, 24-hour precipitation event for temporary
				diversions or larger events specified by the department. However, the capacity
				of the channel itself must be at least equal to the capacity of the unmodified
				stream channel immediately upstream and downstream from the
				diversion.
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 17.24.637 - SPECIAL REQUIREMENTS FOR PERMANENT DIVERSIONS

Current through Register Vol. 13, July 5, 2024
(1) Permanent diversion structures are
				defined as those approved by the department to remain after mining.
(2) All permanent diversions must meet the
				requirements of ARM
				17.24.634 and
				17.24.635.
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 17.24.638 - SEDIMENT CONTROL MEASURES

Current through Register Vol. 13, July 5, 2024
(1) Appropriate
				sediment control measures must be designed, constructed, and maintained using
				the BTCA to:
(a) prevent, to the extent
				possible, additional contributions of sediment to streamflow or to runoff
				outside the permit area;
(b) meet
				the more stringent of applicable state or federal effluent limitations;
				and
(c) minimize erosion to the
				extent possible.
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 17.24.639 - SEDIMENTATION PONDS AND OTHER TREATMENT FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Sedimentation ponds, either temporary or
				permanent, may be used individually or in series and must:
(a) be constructed before any disturbance of
				an area that will drain into the pond takes place;
(b) be located as near as possible to the
				disturbed area, and out of major stream courses, unless another site is
				approved by the department;
(c)
				provide an adequate sediment storage volume equal to:
(i)
(A) the
				accumulated sediment volume from the drainage area to the pond for a minimum of
				three years as determined by a method approved by the department; or
(B) not less than 0.02 acre-foot for each
				acre of disturbed area, excluding well-established reclamation, within the
				upstream drainage area, unless the operator affirmatively demonstrates that the
				sediment volume from any site-specific area would be less. A greater sediment
				volume may be required if necessary to contain a higher sediment yield; and, as
				applicable,
(ii) the
				accumulated sediment volume necessary to retain sediment for one year in any
				discharge from an underground mine passing through the
				pond;
(d) be accurately
				surveyed immediately after construction in order to provide a baseline for
				future sediment volume measurements; and
(e) be constructed as approved unless
				modified under ARM
				17.24.642(7).
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 17.24.640 - DISCHARGE STRUCTURES

Current through Register Vol. 13, July 5, 2024
(1) Discharge from
				sedimentation ponds, impoundments, and diversions must be controlled by
				vegetation, energy dissipators, riprap channels, and other measures, where
				necessary, to reduce erosion, to prevent deepening or enlargement of stream
				channels, and to minimize disturbance of the hydrologic balance. Discharge
				structures must be designed according to standard engineering-design procedures
				and be certified by a qualified, registered, professional engineer as meeting
				the performance standards of this subchapter and any design criteria specified
				by the department.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 MCA