reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.171 - REPROCESSING OF WASTE ROCK AND TAILINGS

Current through Register Vol. 13, July 5, 2024
(1) The
				provisions of the Act and this subchapter apply to any person, who is not a
				small miner, who after May 31, 1990, institutes a new operation to reprocess
				tailings or waste rock resulting from previous mining operations. An operating
				permit must be obtained before constructing facilities, removing tailings or
				waste rock, engaging in reprocessing operations, or disturbing land in
				anticipation of these activities.
(2) No land disturbed by a reprocessing
				operation before June 1, 1990, is subject to the Act and this subchapter unless
				reprocessing or related activities are conducted on the area after May 31,
				1990.
(3) The reclamation of land
				disturbed after May 31, 1990, for the removal and reprocessing of waste rock
				and tailings from previous mining operations shall be conducted in the
				following manner:
(a) where waste rock and
				tailings have previously been reclaimed under the Act and this subchapter,
				reclamation following reprocessing shall be completed in compliance with the
				standards set forth in an operating permit;
(b) where waste rock and tailings have not
				previously been subject to the reclamation requirements of the Act and this
				subchapter, and are to be redisturbed under the proposed permit, the following
				reclamation requirements apply:
(i)
				reclamation of any reprocessed waste rock and tailings and associated
				facilities consistent with the standards of this definition;
(ii) salvage and replacement of available
				soil or suitable materials;
(iii)
				use of suitable materials at the surface of any reprocessed waste rock to the
				extent practicable;
(iv) grading of
				slopes to a stable angle, treating with appropriate soils amendments and
				vegetating with a perennial seed mix;
(v) amending and seeding the regraded site
				such that utility is improved over that which existed prior to reprocessing;
				and
(vi) preservation of water
				quality at least to the level that existed prior to reprocessing.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.180 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in ARM
				  17.24.181 through
				  17.24.189, unless the context
				  indicates otherwise, the following definitions apply:
(1) "Commence reclamation within six months"
				means to commence reclamation within six months or the first seasonal
				opportunity after mining is not resumed after a seasonal closure;
(2) "Live stream" means a stream with flowing
				water;
(3) "Pay gravel" means
				gravels containing sufficient mineralization to be economic;
(4) "Plant" means a support facility,
				including a wash or processing plant, for a placer or dredge
				operation;
(5) "Sedimentation"
				means solid material settled from suspension in a liquid; mineral or organic
				solid material that is being transported or has been moved from its site of
				origin by air, water, or ice, and has come to rest on the earth's surface
				either above or below sea level; or inorganic or organic particles originating
				from weathering, chemical precipitation or biological activity.
82-4-321, MCA; IMP,
					 82-4-305,
					 82-4-335,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.181 - SMALL MINER PLACER AND DREDGE BONDING

Current through Register Vol. 13, July 5, 2024
(1)
				A small miner who operates a placer or dredge mine shall post a $10,000 bond
				unless the department approves a lower amount based on the criteria outlined in
				(2) or unless it is documented that a bond for reclamation is posted with
				another government agency.
(a) Bond must be
				filed in the form of a surety, payable to the state of Montana or to the state
				and the appropriate federal agency, a cash deposit, an assignment of
				certificate of deposit, letter of credit, or other surety acceptable to the
				department.
(b) The bond must be
				accompanied by an appropriate map showing the location of the mine, anticipated
				disturbances, and perennial streams in the vicinity.
(c) A small miner placer or dredge mine
				operator that posted a bond with the department prior to May 15, 1997, for a
				mine is not required to post a bond in excess of $5,000 for that
				mine.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.183 - COMPARABLE UTILITY AND STABILITY OF RECLAIMED AREAS-STANDARDS FOR BOND RELEASE FOR SMALL MINERS

Current through Register Vol. 13, July 5, 2024
(1) In order for
				the department to release bond, the area must be reclaimed to a postmining land
				form and land use that are at least comparable to that of adjacent areas.
				Reclamation must provide for comparable stability and utility as that of
				adjacent areas, insure public safety, and prevent pollution of air and water
				and the degradation of adjacent lands.
(2) Bond may not be released unless the
				following reclamation standards for placer and dredging operations are
				achieved:
(a) Pits must be backfilled with
				overburden and washed gravels unless otherwise approved by the department as
				part of an alternate postmining land use that provides comparable stability and
				utility.
(b) Excess overburden must
				also have been appropriately placed and graded.
(c) Soils and soil substitutes must have been
				respread and graded on the backfilled, regraded overburden surface.
(d) Slopes must have been reduced to a grade
				which achieves comparable utility and stability in the postmining
				landscape.
(e) Disturbed areas must
				have been revegetated with appropriate perennial nonweedy species similar to
				that of adjacent areas.
(f) Roads
				must have been reclaimed to approximate original contour consistent with the
				postmining land form and land use in compliance with (1) unless otherwise
				approved by the department and concurred with by the landowner.
(g) Stream and floodplain disturbances must
				be reclaimed to their approximate premining condition so that comparable
				beneficial uses, such as fisheries, comparable flow capacity, and fluvial
				functions are restored. In most instances, this will require removal of
				berms.
(h) Noxious weeds must have
				been controlled, consistent with county weed board requirements.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.184 - SMALL MINER BOND FORFEITURE AND SMES REVOCATION

Current through Register Vol. 13, July 5, 2024
(1) If a small miner who conducts a placer or
				dredge operation fails to commence reclamation within six months after
				cessation of mining or within an extended period allowed by the department for
				good cause shown pursuant to (4), or fails to diligently complete reclamation,
				the department shall notify the small miner by certified mail at the small
				miner's last reported address that bond will be forfeited and the department
				will reclaim the site unless the small miner commences reclamation within 30
				days and diligently completes reclamation.
(2) The department shall revoke the small
				miner exclusion statement for any small miner whose bond is
				forfeited.
(3) Cessation of mining
				is considered to have occurred:
(a) whenever
				a small miner notifies the department of intent to cease operations;
				or
(b) whenever a site has been
				inactive through one operating season and the operator has failed to seek an
				extension for good cause shown.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.185 - SMALL MINER METAL LEACHING SOLVENT OR REAGENT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) A small miner proposing to operate
				cyanide or other metal leaching solvents or reagents in a processing facility
				and mine under a small miner exemption must continue to meet the criteria for a
				small miner exemption under
				82-4-305, MCA, concerning the
				mining operation. The acreage disturbed by the cyanide or other metal leaching
				solvent or reagent ore processing operation and covered by the operating permit
				pursuant to
				82-4-335(2), MCA,
				is excluded from the five acre limit.
(2) A small miner must obtain an operating
				permit for cyanide processing facilities and must meet requirements for these
				facilities imposed by statute and rule unless the facility is grandfathered
				pursuant to section 4 of Chapter 347, Laws of 1989.
(3) A small miner proposing to use metal
				leaching solvents or reagents other than cyanide in an ore processing facility
				must obtain a permit for those facilities pursuant to
				82-4-335(2), MCA,
				for operations for which a valid small miner exclusion statement had not been
				obtained prior to May 1, 1999.
(4)
				To expedite permitting of cyanide or other metal leaching solvent or reagent
				facilities, the department shall make available to a small miner who has
				submitted or may submit an application for a permit to operate a cyanide or
				other metal leaching solvent or reagent ore processing facility appropriate
				department staff to determine how baseline, operating and reclamation plan
				requirements may be met in view of conditions and characteristics of the site
				at which the facility is proposed. The department shall process these permit
				applications as expeditiously as possible consistent with statutory deadlines
				for other permit applications and the department's obligations under the
				Montana Environmental Policy Act.
(5) An application for a small miner cyanide
				or other metal leaching solvent or reagent ore processing operating permit must
				contain:
(a) baseline information meeting the
				requirements of ARM
				17.24.186;
(b) an operating plan meeting the
				requirements of ARM
				17.24.187; and
(c) a reclamation plan meeting the
				requirements of ARM
				17.24.188.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.186 - SMALL MINER METAL LEACHING SOLVENT OR REAGENT BASELINE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) An application for a small miner cyanide
				or other metal leaching solvent or reagent processing facility permit must
				include the following baseline information on the existing conditions at the
				site:
(a) a map showing all wells and springs
				and surface water that may be impacted by the proposal within one mile of the
				proposed permit area;
(b) a map
				showing all known significant cultural resources in the proposed permit
				area;
(c) analysis of surface and
				ground water samples for background parameters determined by the department,
				from selected sites chosen in consultation with department staff;
(d) a map delineating soil units for the
				proposed permit area based on available information, including that available
				from the soil conservation district;
(e) a listing of species of game fish within
				one mile of the proposed permit area;
(f) identification of any hatcheries in the
				vicinity of the proposed permit area;
(g) baseline precipitation records;
(h) flow data for surface and ground water
				identified in (a) and (c) above from available sources and water depth for
				identified wells; and
(i)
				identification of public water supply systems that withdraw water within five
				miles downstream from the ore processing facility.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.188 - SMALL MINER METAL LEACHING SOLVENT OR REAGENT RECLAMATION PLANS

Current through Register Vol. 13, July 5, 2024
(1) An application for a small miner cyanide
				or other metal leaching solvent or reagent ore processing permit must contain a
				reclamation plan that includes the following:
(a) the postmine land use;
(b) a reclamation timetable;
(c) the proposed method for handling spent
				ore and disposal of any heavy metal sludge remaining in ponds;
(d) a plan for monitoring water balance for
				the ore processing facility;
(e) a
				neutralization plan for tailing and solutions;
(f) a map showing regrading plans for all
				cyanide or other metal leaching solvent or reagent-processing and related
				facilities to a stable, minimally erosive slope configuration by backfilling
				excavated material, consistent with the postmining land use;
(g) a narrative providing for reclamation of
				all buildings and structures;
(h) a
				plan for reclaiming all associated roads, or an appropriate waiver from the
				surface owner;
(i) a revegetation
				plan including seed mixes, method of seeding and rate of seed application
				(lbs/ac) ;
(j) a description of any
				permanent diversion or stream channel reconstruction process, including use of
				coarse noncyanidated, nonmineralized tails or borrow material to dissipate
				energy or riprap streams, or use of synthetic erosion control and revegetation
				fabrics. Streams must be reconstructed with comparable grades, pools, and
				meanders to premine drainage;
(k) a
				plan for stream channel reconstruction providing that the channel may not be
				reconstructed through reclaimed tails; and addressing control of drainage from
				the tails and the adjacent areas to maximize the long-term stability of the
				tails; and
(l) monitoring plans for
				reclaimed sites.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act › Rule 17.24.189 - SMALL MINER METAL LEACHING SOLVENT OR REAGENT PROCESSING FACILITIES PERFORMANCE STANDARDS AND BONDING

Current through Register Vol. 13, July 5, 2024
(1) The small miner
				shall notify the department of completion dates for each of the following
				phases of construction, and the department shall inspect and file a report on
				each of these phases:
(a) foundation
				preparation;
(b) compaction
				testing;
(c) liner
				placement;
(d) installation of
				leakage detection control systems; and
(e) installation of monitoring
				wells.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.201 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) This subchapter applies to opencut
				operations as provided in the Opencut Mining Act (Title 82, chapter 4, part 4,
				MCA, hereinafter referred to as "the Act").
(2) An operator conducting opencut operations
				must comply with the provisions of a contract or permit issued under the Act
				and this subchapter. Except as provided in (5) and (6), a permit is required
				before an operator conducts opencut operations.
(3) Contracts and permits in effect before
				September 27, 2022, need not be amended to comply with rules and rule
				amendments adopted on September 27, 2022. Applications for permits, permit
				amendments, and permit assignments that the department determined to be
				complete prior to September 27, 2022, remain subject to provisions of this
				subchapter relating to application requirements as they read on the date the
				department determined the application to be complete.
(4) Except as provided in (5) and ARM
				17.24.226, a permit amendment is required before taking an action that expands
				or changes a permitted opencut operation.
(5) Except as provided in ARM 17.24.226(5),
				an operator holding a permit issued under the Act may commence a limited
				opencut operation that meets the criteria in ARM 17.24.226 and
				82-4-431,
				mca, after the operator has submitted a complete limited opencut operation form
				to the department.
(6) As provided
				by
				82-4-431(3),
				MCA, a landowner may remove up to 10,000 cubic yards of opencut materials on
				the landowner's real property for personal or agricultural uses without
				obtaining a permit unless a removal affects surface water, including
				intermittent or perennial streams, ground water, or water conveyance
				facilities. Opencut materials must not be transported outside the borders of
				the property from which they are mined or adjoining property owned by the same
				individual or entity.
AUTH:
					 82-4-422,
					 MCA; IMP:
					 82-4-431,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.203 - BOND OR OTHER SECURITY

Current through Register Vol. 13, July 5, 2024
(1) An application
				for a permit by a non-government operator must be accompanied by a bond or
				other security acceptable to the department under
				82-4-433, MCA, and this
				subchapter.
(2) The department may
				adjust the amount of the bond or other security levels:
(a) based on information available to the
				department; and
(b) yearly when
				necessary to secure the department's estimate of costs to reclaim the affected
				land. Should the department determine that additional bond or other security is
				required, the operator shall submit a bond or security in the increased amount
				within 30 days of notification by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.204 - SITE INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-422, MCA; IMP,
					 82-4-432,
					 82-4-434,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.205 - MINING AND RECLAMATION PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-422, MCA; IMP,
					 82-4-432,
					 82-4-434,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.206 - LANDOWNER CONSULTATION

Current through Register Vol. 13, July 5, 2024
(1) An application
				for a permit or for an amendment to add acreage, for an asphalt or concrete
				plant, to change postmining land use, or to extend the reclamation date must
				demonstrate that the applicant consulted with the landowner about the proposed
				opencut operations by supplying a form provided by the department.
(2) The landowner consultation form must
				require the landowner to:
(a) acknowledge
				receipt of a copy of the application for a permit or amendment submitted to the
				department;
(b) affirm ownership of
				the property that is described in the application;
(c) affirm that the operator consulted with
				the landowner about the opencut operations described in the
				application;
(d) indicate whether
				access roads, haul roads, or other roads used in opencut operations are on
				affected land and are subject to the reclamation requirements of this
				subchapter;
(e) acknowledge the
				exclusive right of the operator, its agent, or assignee to conduct opencut
				operations on the property that is identified in the application; and
(f) acknowledge and consent to entry and
				enforcement of the Act and this subchapter by the department on all landowner
				property affected by opencut operations.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.207 - ADDITIONAL REQUIREMENTS FOR BENTONITE MINES

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the requirements imposed by ARM
				17.24.203,
				17.24.206, and
				17.24.218 through
				17.24.222, the department may
				require the following information as part of the plan of operation for a
				bentonite mining operation:
(a) an analysis
				of the soil and each major stratum in the overburden that includes
				determinations of:
(i) saturation percentage;
(ii) pH;
(iii) electrical conductivity;
(iv) sodium adsorption ratio;
(v) texture; and
(vi) additional characteristics the
				department may require.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.208 - ADDITIONAL REQUIREMENTS FOR SOIL MINES

Current through Register Vol. 13, July 5, 2024
(1)
				In addition to the requirements imposed by ARM 17.24.203, 17.24.206, and
				17.24.218 through 17.24.222, the operator must submit, as part of the
				application for soil mining, soil and overburden characterization and handling
				sections as specified in ARM 17.24.218(1)(c) and (d).
(2) The operator must salvage the top 24
				inches of soil for reclamation, or if the operator intends to mine any portion
				of the top 24 inches of soil, the operator must provide testing and analysis
				demonstrating that a minimum of 24 inches of growth media remains and that it
				is capable of supporting the proposed postmining land use. Required analysis of
				the remaining 24 inches of soil and overburden must include:
(a) pH;
(b) electrical conductivity;
(c) sodium adsorption ratio;
(d) percent sand, silt, clay, and rock;
				and
(e) additional characteristics
				the department may require.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.212 - REVIEW OF AN APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of
				an application to conduct opencut operations and within the time limits
				provided in
				82-4-432,
				MCA, the department shall evaluate the application to determine if the
				requirements of the Act and this subchapter are satisfied.
(2) Except as provided in
				75-1-208(4)(b),
				mca, within five working days of receipt of an application to conduct opencut
				operations, the department shall determine and notify the applicant whether the
				application is complete. A complete application must be submitted on forms
				provided by the department, or alternative forms approved by the department
				prior to submission, and must contain the materials and information required by
				82-4-432(1)
				and (2), MCA, and the plan of operation
				required by ARM 17.24.218 through 17.24.223.
(3) If the department determines that an
				application is complete, the applicant shall comply with the public notice
				requirements required by
				82-4-432,
				MCA, and the department shall review the application for
				acceptability.
(4) A permit
				application is acceptable if the materials and information provided to the
				department demonstrate that the proposed opencut operation complies with
				requirements of
				82-4-432(1)
				and (2), mca. An application for a standard
				permit must contain a plan of operation that meets the requirements of this
				subchapter.
(5) A permit must
				provide that the operator shall comply with the requirements of the Act and
				this subchapter. Before determining that an application for a permit or
				amendment is acceptable, the department may condition a permit as necessary to
				accomplish the requirements of the Act and this subchapter.
(6) A permit becomes effective when the
				department notifies the applicant in writing that the information and materials
				provided to the department meet all the requirements of the Act and this
				subchapter and that the permit is approved and issued by the
				department.
AUTH:
					 82-4-422,
					 MCA; IMP:
					 82-4-402,
					 82-4-422,
					 82-4-423,
					 82-4-431,
					 82-4-432,
					 82-4-434,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.213 - AMENDMENT OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) An operator may
				apply for an amendment to its permit by submitting an application on a form
				provided by the department. Upon receipt of an amendment application and within
				the time limits provided in
				82-4-432,
				MCA, the department shall evaluate the amendment application to determine if
				the requirements of the Act and this subchapter will be satisfied.
(2) An application to amend a permit is
				acceptable if it meets the requirements of ARM 17.24.212 and includes the
				following:
(a) a new or additional bond or
				other security sufficient to cover additional estimated costs of reclamation
				required by ARM 17.24.203 and 17.24.220;
(b) a new landowner consultation form if
				required under ARM 17.24.206;
(c) a
				new zoning compliance form if required under ARM 17.24.223; and
(d) if the application to amend is for a
				standard permit, a revised plan of operation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.214 - ANNUAL PRODUCTION REPORT

Current through Register Vol. 13, July 5, 2024
(1) An
				operator shall submit one annual production report that addresses all opencut
				operations during the previous calendar year to the department on or before
				March 1 of each year.
(2) The
				annual production report must be submitted electronically or on a form provided
				by the department. The report must list all sites where the operator engaged in
				permitted, unpermitted, or limited opencut operations and describe the amount
				of materials removed for each site.
(3) The annual production report must be
				accompanied by payment of the annual fee, in accordance with
				82-4-437,
				mca. The federal government, state of Montana, counties, cities, and towns are
				exempt from annual fees.
(4) The
				department may require an operator to provide documentation of materials
				removed for the purpose of verifying the amounts reported under this
				rule.
AUTH:
					 82-4-422,
					 MCA; IMP:
					 82-4-402,
					 82-4-434,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.215 - PENALTIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-422, MCA; IMP,
					 82-4-434,
					 82-4-435,
					 82-4-441,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.216

Current through Register Vol. 13, July 5, 2024
AUTH:
					 82-4-422, MCA; IMP:
					 82-4-402,
					 82-4-422,
					 82-4-431,
					 82-4-432,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.217

Current through Register Vol. 13, July 5, 2024
AUTH:
					 82-4-422, MCA; IMP:
					 82-4-402,
					 82-4-422,
					 82-4-431,
					 82-4-432,
					 82-4-434,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.218 - PLAN OF OPERATION (SITE CHARACTERIZATION, SITE PREPARATION, SOIL AND OVERBURDEN HANDLING, MINING, AND PROCESSING PLANS) AND PERFORMANCE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) An application
				for a standard permit or standard permit amendment requires a plan of operation
				that complies with
				82-4-432,
				MCA and includes the following:
(a) unless
				otherwise approved in writing by the department, a markers section that
				includes a statement that the operator clearly marked on the ground all
				required boundaries and permitted access roads to be improved or constructed
				and will maintain the markings as required by this rule. Boundary and road
				markers must be placed so that no less than two consecutive markers are readily
				visible in any direction from any point on a line. The following requirements
				apply to marking boundaries and permitted access roads to be improved or
				constructed:
(i) markers must be in place
				prior to submitting an application for a permit or an amendment;
(ii) markers should be durable stout steel,
				wood, or similar quality posts and painted or flagged to be readily visible,
				except that a prominent, permanent feature such as a pole, tree, or large rock,
				flagged or painted, may serve as a marker;
(iii) road markers may be removed as the road
				is constructed, but each boundary marker must be maintained in place and
				readily visible until the adjacent permit area is reclaimed and
				released;
(iv) the following areas
				and features must be marked according to this rule:
(A) proposed permit or proposed amended
				permit boundaries;
(B) non-bonded
				areas;
(C) proposed permitted
				access roads to be improved or constructed;
(D) phase 1 release areas previously approved
				by the department; and
(E) prior to
				submission of an application for bond release, areas that are the subject of an
				application for phase I or phase II bond release;
(v) the requirements of (1)(a) do not apply
				to active hayland, cropland, or existing roads to be
				permitted;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.220 - RECLAMATION BOND CALCULATION

Current through Register Vol. 13, July 5, 2024
(1) For all
				permits and amendments, a proposed reclamation bond calculation must be
				submitted on a form provided by the department or in another format approved by
				the department in writing. The bond amount must be based on a reasonable
				estimate of the cost for the department to procure the services of a
				third-party contractor to reclaim, in accordance with this subchapter , the
				anticipated maximum disturbance during the life of the bonded opencut
				operation, including equipment mobilization, contractor profit, and overhead
				costs. The department shall review the proposed bond calculation and make a
				final determination.
(2) The
				estimate of the reclamation costs must address the following considerations:
(a) the requirements for reclamation provided
				in ARM 17.24.219, 17.24.228, and
				82-4-434,
				MCA;
(b) replacement of all soil
				and overburden as described in ARM 17.24.219 and 17.24.228;
(c) the permit application; and
(d) postmining site conditions and any other
				site-specific considerations.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.222 - ADDITIONAL INFORMATION AND CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The department may require that an
				operator provide additional information that includes, but is not limited to:
(a) vegetation;
(b) soil;
(c) surface water;
(d) ground water; and
(e) water conveyance facilities.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.223 - ZONING COMPLIANCE FOR SAND OR GRAVEL MINING

Current through Register Vol. 13, July 5, 2024
(1) Permit
				applications for sand or gravel opencut operations, including amendment
				applications that add acreage or change the postmining land use or add an
				asphalt or concrete plant, must include a statement from the appropriate local
				governing body certifying, on a form provided by the department, that the
				proposed mine site and plan of operation comply with local zoning
				regulations.
AUTH:
					 82-4-422, MCA;IMP:
					 82-4-431,
					 82-4-432,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.224 - ASSIGNMENT OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) A person may
				assume a permit from an operator by submitting an assignment application to the
				department. Upon receipt of an assignment application, the department shall
				inspect the permitted site, if necessary, and evaluate the application and
				existing permit to determine if the requirements of the Act and this subchapter
				are satisfied.
(2) The department
				shall approve an application for assignment of a permit that meets the
				following requirements:
(a) the application
				includes a completed copy of the application for assignment on a form provided
				by the department, and, if required by the department, an application to amend
				the permit;
(b) the application
				includes an acknowledgment that:
(i) the
				assignee has reviewed and understands the terms of the permit that is effective
				at the time of the assignment;
(ii)
				the assignee agrees to assume all the obligations set forth in the permit,
				including the plan of operation, the Act, and this subchapter; and
(iii) the assignee assumes responsibility to
				reclaim the site in accordance with the terms of the permit, the Act, and this
				subchapter and for any violations or issues of noncompliance in existence at
				the time of the assignment;
(c) the assignment application , any
				necessary permit amendment application, and any necessary revisions to the
				permit satisfy the requirements of the Act and this subchapter; and
(d) the application includes a reclamation
				bond or other security that meets the requirements of
				82-4-433, MCA, this subchapter,
				and the plan of operation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.225 - PERMIT COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) An operator
				shall comply with the provisions of its permit, this subchapter, and the
				Act.
(2) A permittee may allow
				another person to mine and process mine materials at the permitted operator's
				site only if the permittee retains control over that person's activities and
				ensures that no violations of the Act, this subchapter, or the permit occur. If
				a violation of the provisions of the Act, this subchapter, or the permit
				occurs, the permittee is responsible for the violation and the department may
				require abatement pursuant to (1) or initiate an enforcement action under the
				Act.
AUTH:
					 82-4-422, MCA; IMP:
					 82-4-402,
					 82-4-422,
					 82-4-423,
					 82-4-431,
					 82-4-432,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.226 - ADMINISTRATIVE REQUIREMENTS FOR LIMITED OPENCUT OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) An operator holding an opencut permit may
				conduct a limited opencut operation (LOO) that meets the criteria in
				82-4-431(2),
				MCA, without first obtaining an additional permit or an amendment to an
				existing permit when, prior to commencing the limited opencut operation, the
				operator completes and submits to the department appropriate site and opencut
				operation information on a limited opencut operation form provided by the
				department.
(2) The operator must
				submit a completed limited opencut operation form and the following information
				to the department prior to commencing the opencut operation:
(a) the operator's complete name and
				address;
(b) the location, in a
				format acceptable to the department, of the limited opencut operation
				site;
(c) the locational
				coordinates of the approximate center of the limited opencut operation
				site;
(d) the location, in a format
				acceptable to the department, of the operator's nearest limited opencut
				operation to the proposed limited opencut operation site;
(e) plans to expand or continue the limited
				opencut operation in accordance with
				82-4-431,
				MCA;
(f) the landowner's name and
				address;
(g) driving directions to
				access the site from the nearest public road;
(h) a description of the pre-mine condition
				of the limited opencut operation site and the pre-mine condition of any private
				access roads to the limited opencut operation site;
(i) an aerial or topographic map of the
				limited opencut operation site; and
(j) certification by the operator that the
				information provided to the department in the limited opencut operation form is
				complete and accurate.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.227 - SURFACE WATER SETBACK REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Dryland
				opencut mining operations must:
(a) not
				affect surface water, including but not limited to, perennial or intermittent
				streams;
(b) have a permit boundary
				that is a minimum of 50 feet from the edge of the high water mark of surface
				water, or as otherwise approved by the department, including but not limited
				to, perennial or intermittent streams.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act › Rule 17.24.228 - REQUIREMENTS FOR DRYLAND PERMIT APPLICATIONS AND RECLAMATION

Current through Register Vol. 13, July 5, 2024
(1) Dryland permits must meet all the
				application requirements of
				82-4-432(14),
				MCA.
(2) Before submitting a
				dryland permit application, an operator must provide public notice. The
				applicant must:
(a) post notice of the
				following in at least two prominent locations at the proposed opencut site,
				including near a public road if possible:
(i)
				applicant's name, address, and telephone number;
(ii) proposed permitted acreage;
(iii) type of material to be mined;
				and
(iv) proposed reclamation
				date;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.302 - FORMAT, DATA COLLECTION, AND SUPPLEMENTAL INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Information set forth in the application
				must be accurate, current, presented clearly and concisely, submitted in a
				format acceptable to the department, and supported by appropriate references to
				technical and other written material available to the department.
(2) All tests, analyses, surveys, and data
				collection carried out pursuant to these rules must be performed or certified
				by a qualified person using scientifically valid techniques approved by the
				department and must be carried out at appropriate times and under appropriate
				conditions.
(3) All chemical and
				physical laboratory analyses must be conducted by a laboratory using
				departmentally approved and standardized procedures. The operator shall make
				available to the department quality assurance information or duplicate or split
				samples, as required by the department.
(4) All technical data submitted in the
				application must be accompanied by:
(a) names
				and addresses of persons or organizations that collected and analyzed such
				data;
(b) dates of the collection
				and analyses; and
(c) descriptions
				of methodology used to collect and analyze the data.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.306 - BASELINE INFORMATION: PRIME FARMLAND INVESTIGATION

Current through Register Vol. 13, July 5, 2024
(1) The application must contain the results
				of a prime farmland investigation developed in consultation with the U.S.
				natural resources conservation service to determine whether lands within the
				proposed permit area are prime farmlands as defined in ARM
				17.24.301.
(2) If the lands in question have not
				"historically been used for cropland" as that term is defined in ARM 17.24.301,
				the applicant must submit a request for a negative determination for these
				lands with documentation supporting this request.
(3) If the lands in question have
				historically been used for cropland, the applicant shall, in consultation with
				the Montana state office of the U.S. natural resources conservation service,
				determine if any soils, characterized and described in accordance with ARM
				17.24.304(1) (k),
				on these lands meet the criteria of prime farmlands as contained in
				7 CFR
				657;
(a)
				Whenever a determination is made that the soil survey of lands within the
				proposed permit area identifies soils that meet the criteria of prime
				farmlands, the applicant shall indicate the reasons for this determination and
				shall include materials in the application showing compliance with ARM
				17.24.324.
(b) When the soil survey for lands within the
				proposed permit area does not identify soils that meet the criteria for
				designation as prime farmland, the applicant shall submit a request for
				negative determination for these lands with reasons supporting this
				conclusion.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.308 - OPERATIONS PLAN

Current through Register Vol. 13, July 5, 2024
(1) Each
				application must contain a description of the operations proposed to be
				conducted during the life of the mine including, at a minimum, the following:
(a) a narrative description of the type and
				method of mining procedures and proposed engineering techniques, anticipated
				annual and total production of mineral, by tonnage, and the major equipment to
				be used for all aspects of those operations;
(b) a narrative, with appropriate cross
				sections, design drawings, and other specifications sufficient to demonstrate
				compliance with ARM
				17.24.609 and applicable rules of
				subchapter 10, explaining the construction, modification, use, maintenance, and
				removal of the following facilities (unless retention of such facilities is
				necessary for postmining land use as specified in ARM
				17.24.762):
(i) dams, embankments, and other
				impoundments;
(ii) overburden and
				soil handling and storage areas and structures;
(iii) mineral removal, handling, storage,
				cleaning, and transportation areas and structures;
(iv) spoil, waste, garbage, and other debris
				removal, handling, storage, transportation, and disposal areas and
				structures;
(v) other support
				facilities as designated in ARM 17.24.609;
(vi) water and air pollution control
				facilities;
(vii) facilities or
				sites and associated access routes for environmental monitoring and data
				gathering activities or for the gathering of subsurface data by trenching,
				drilling, geophysical, or other techniques to determine the natures, depth, and
				thickness of all known strata, overburden, and coal seams; and
(viii) any additional information the
				department deems useful;
(c) a description of measures to be employed
				to ensure that all debris, acid, toxic, acid-forming, and toxic-forming
				materials, materials constituting a fire hazard, and otherwise undesirable
				materials are properly disposed of; and
(d) a description of the contingency plans
				which have been developed to extinguish a fire or sustained combustion of
				materials constituting a fire hazard;
(e) a description of steps to be taken to
				comply with the requirements of the Clean Air Act (42 USC 7401, et
				seq.), the Clean Water Act (33 USC 1251, et seq.), the
				Resource Conservation and Recovery Act (42 USC 6901, et seq.), and other
				applicable air and water quality laws and regulations and health and safety
				standards, or a copy of a valid permit issued under these laws; and
(f) a plan to prevent the establishment of,
				or to control, noxious weeds on all lands within the proposed permit area until
				phase IV bond release, in accordance with the Noxious Weed Management Act,
				7-22-2102 through
				7-22-2153, MCA, as
				amended.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements › Rule 17.24.310 - BLASTING PLAN

Current through Register Vol. 13, July 5, 2024
(1) Each
				application must contain a blasting plan for the proposed permit area. The plan
				must explain how the applicant intends to comply with the requirements of ARM
				17.24.621 through
				17.24.626 and
				17.24.1260 through
				17.24.1263, and must include the
				following:
(a) types and approximate amounts
				of explosives to be used for each type of blasting operation to be
				conducted;
(b) description of
				procedures and plans generally used for:
(i)
				drilling patterns, including size, number, depths, and spacing of
				holes;
(ii) charge and packing of
				holes;
(iii) types of fuses and
				detonation controls;
(iv) sequence
				and timing of firing holes;
(v) a
				description of procedures and plans for recording of (i) through (iv) above and
				retention of those records;
(c) description of blasting warning and site
				access control equipment and procedures;
(d) description of types, capabilities,
				sensitivities, and locations of use of any blast monitoring equipment and
				procedures proposed to be used;
(e)
				description of plans for recording and reporting to the department the results
				of preblasting surveys, if required;
(f) description of unavoidable hazardous
				conditions for which deviations from the blasting schedule will be needed;
				and
(g) a general description of
				structures to be protected and a discussion of design factors to be used to
				protect the public and to meet the applicable airblast, flyrock, and ground
				vibration standards in ARM
				17.24.624.