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 17.24.107 - RECLAMATION REQUIREMENTS-EXPLORATION

Current through Register Vol. 13, July 5, 2024
(1)
				Upon completion of the drilling operation, drill cuttings or core must be
				removed from the site, disposed of down the hole, or buried. Drilling mud and
				other nontoxic lubricants must be removed from the site or allowed to percolate
				into the ground prior to backfilling the sump.
(2) Unless the hole is completed under ARM
				17.24.106(3)(c),
				collar pipe or casing must be removed or cut off below ground level.
(3) Access roads constructed by the licensee
				to accommodate the exploration project must be returned to a stable slope that
				approximates the original contour to the extent possible. Where this is not
				possible (as determined by the department), compacted surfaces must be ripped
				or otherwise loosened, drainage structures must be installed in accordance with
				ARM 17.24.104(11),
				and the roads must be closed to access by use of locked gates, kelly
				humps/dips, or other effective method. Exceptions may be made in accordance
				with the provisions of ARM
				17.24.103(3).
				This requirement may be waived by the department if the landowner requests in
				writing that the access road be left in place for an identified, alternative,
				feasible and practicable purpose.
(4) Drill sites constructed by the licensee
				must be returned to a stable configuration that approximates the original
				contour to the extent possible. Where the department determines that this is
				not possible, compacted surfaces must be ripped or otherwise loosened and
				appropriate drainage must be provided. This requirement may be waived by the
				department if the landowner requests in writing that the drill site be left in
				place for an identified, feasible and practicable purpose.
(5) All trenches, bulk sample or discovery
				pits, and other excavations must be backfilled with the excavated spoil
				material unless the backfilling will physically hinder the further development
				of the claim or obscure evidence of an ore deposit. If, following a site
				investigation and discussions with the licensee, the department confirms the
				necessity for the excavation to remain open, backfilling requirements may be
				postponed if the licensee remains in compliance with
				82-4-331, and
				82-4-332, MCA, and ARM 17.24.103,
				17.24.105, and 17.24.153.
(6) Upon
				termination of the exploration project, the first 25 feet of all adits must be
				backfilled with waste rock or riprap which will not contribute to the
				degradation of any discharge water. Shafts must also be backfilled or otherwise
				securely sealed upon project termination. If, following a site investigation
				and discussions with the licensee, the department confirms the necessity for an
				adit or shaft to remain accessible for possible future exploration or
				development, the adit or shaft must be secured with a steel bulkhead or other
				equally effective method to prevent unauthorized entry and ensure public
				safety.
(7) All refuse, buildings,
				railroad track, and other facilities associated with the exploration project
				must be removed and disposed of in proper disposal sites. Exceptions may be
				made by the department if the licensee desires to mine the area and is in
				compliance with
				82-4-332 (4),
				MCA. This requirement may also be waived by the department if the landowner
				requests in writing that specific facilities be left in place for an
				identified, alternative, feasible and practicable purpose.
(8) All compacted surfaces associated with
				exploration adits, shafts, pits and associated facilities shall be ripped or
				otherwise loosened prior to soil replacement.
(9) Unless other reclamation practices are
				approved by the department, waste dumps associated with new adits excavated for
				the purposes of underground exploration must be contoured to allow for soil
				replacement and successful vegetation establishment. When existing, caved
				(sloughed) adits are reopened for the purposes of exploration and the caved
				material can be confined to the existing portal pad or waste dump without
				requiring expansion, contouring is not required. However, the licensee shall
				provide for appropriate drainage in the portal area, and the portal pad and
				waste dump must be stabilized with vegetation or by employing other
				stabilization methods determined acceptable by the department.
(10) Where feasible, soil and soil materials
				salvaged during construction must be reapplied over all disturbance
				areas.
(11) Where feasible, all
				disturbed areas must be revegetated with a seed mixture that is approved by the
				department.
(12) Appropriate
				revegetation must be accomplished as soon after necessary grading as possible;
				however, revegetation must be performed in the proper season in accordance with
				accepted agricultural and reforestation practices.
(13) In the event that any of the above
				revegetation efforts are unsuccessful, the licensee must seek the advice of the
				department and make a second attempt, incorporating such changes and additional
				procedures as may be expected to provide satisfactory revegetation.
AUTH:
					 82-4-321, MCA; IMP:
					 82-4-332,
					 MCA