reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.806 - ALLUVIAL VALLEY FLOORS: MATERIAL DAMAGE DETERMINATION

Current through Register Vol. 13, July 5, 2024
Criteria for determining whether a strip or under-ground coal
				  mining operation will materially damage the quantity or quality of waters
				  include, but are not limited to:
(1)
				potential increases in the concentration of total dissolved solids of waters
				supplied to an alluvial valley floor, as measured by specific conductance in
				millimhos, to levels above the threshold value at which crop yields decrease,
				as specified in Maas and Hoffman, "Crop Salt Tolerance--Current Assessment,"
				Table 1, "Salt Tolerance of Agricultural Crops," unless the applicant
				demonstrates compliance with (2) of this rule. Salt tolerances for agricultural
				crops have been published by E.V. Maas and G.J. Hoffman, in a paper entitled
				"Crop Salt Tolerance--Current Assessment" contained in the Journal of the
				Irrigation and Drainage Division, American society of civil engineers, pages
				115-134, June, 1977. Table 1, giving threshold salinity values is presented on
				pages 22-125. For types of vegetation not listed in Maas and Hoffman as
				specified by the department, based upon consideration of observed correlation
				between total dissolved solid concentrations in water and crop yield declines
				taking into account the accuracy of the correlations. This publication is
				hereby incorporated by reference as it exists on March 13, 1979. The Maas and
				Hoffman publication is on file and available for inspection at the Department
				of Environmental Quality, 1520 E. 6th Ave., Helena, MT 59620-0901;
(2) potential increases in the concentration
				of total dissolved solids of waters supplied to an alluvial valley floor in
				excess of those incorporated by reference in (1) of this rule. These increases
				are not allowed unless the applicant demonstrates, through testing related to
				the production of crops grown in the locality, that the proposed operations
				will not cause increases that will result in crop yield decreases;
(3) potential increases in the average depth
				to water saturated zones (during the growing season) located within the root
				zone of the alluvial valley floor that would reduce the amount of subirrigated
				land compared to premining conditions;
(4) potential decreases in surface flows that
				would reduce the amount of irrigable land compared to premining conditions;
				and
(5) potential changes in the
				surface or ground water systems that reduce the area available to agriculture
				as a result of flooding or increased saturation of the root zone.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.807 through 17.24.810 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.811 - PRIME FARMLAND: SOIL HANDLING

Current through Register Vol. 13, July 5, 2024
(1) Operators
				who disturb prime farmlands shall comply with applicable performance standards
				of ARM 17.24.701 through
				17.24.703.
(2) Prime farmland soil removal and
				stockpiling operations must be conducted in compliance with
				82-4-232(3) (a) and
				(b), MCA. The minimum thickness of soil
				materials to be removed for use in reconstructing prime farmland soils must be
				sufficient to meet the soil replacement requirements of (3) of this rule. Prime
				farmland soil materials must be handled separately from other soil materials,
				including salvage, stockpiling and redistribution, unless otherwise approved by
				the department upon a finding that the other soil materials with which the
				prime farmland soil would be combined meet the requirements of quality set
				forth in 82-4-232(3) (a) and
				(b), MCA.
(3) The minimum thickness of soil to be
				reconstructed for prime farmland must be 48 inches or a thickness equal to the
				depth to a subsurface horizon in the natural soil that inhibits root
				penetration, whichever is shallower. The department shall specify a depth
				greater than 48 inches wherever necessary to restore productive capacity. Soil
				horizons are considered inhibitory to root penetration if their physical or
				chemical properties restrict or prevent penetration by roots.
(4) Prime farmland soils must be removed,
				immediately redistributed or stockpiled, and reconstructed in a manner that
				results in a soil having equal or greater productive capacity than that which
				existed prior to disturbance. The A and E horizons or other suitable soil
				materials must be replaced as the surface soil layer to a thickness that will
				equal or exceed the thickness of this layer as it existed before
				disturbance.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 82-4-232,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.812 through 17.24.814 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.815 - PRIME FARMLAND: REVEGETATION

Current through Register Vol. 13, July 5, 2024
(1) Each operator
				who conducts strip or underground mining operations on prime farmland shall,
				within the area identified as prime farmland before disturbance:
(a) if the approved postmining land use is
				not cropland:
(i) randomly establish test
				plots that will be cropped until restoration of the premining productivity has
				met the requirements of this rule. The remainder of the area not used for test
				plots must be revegetated consistent with the standards 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 and with the approved
				postmining land use. When restoration of the premining productivity has been
				demonstrated, the operator shall revegetate the test plots consistent with the
				standards 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 and with the approved
				postmining land use; or
(ii) crop
				the entire area of disturbed prime farmland until restoration of the premining
				productivity is demonstrated. The operator shall then revegetate the entire
				area consistent with 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 and with the
				approved postmining land use; or
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.816 through 17.24.820 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.821 - ALTERNATIVE POSTMINING LAND USES: SUBMISSION OF PLAN

Current through Register Vol. 13, July 5, 2024
(1) An operator may propose to the department
				a plan for a higher or better use as an alternative postmining land use
				pursuant to
				82-4-232 (7) and
				(8), MCA. With appropriate maps, narrative,
				and other materials, the plan must:
(a)
				describe the nature of the alternative postmining land use;
(b) address all of the criteria in
				82-4-232(8) and
				(9), MCA; and
(c) address the applicable requirements of
				ARM 17.24.823(1).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.823 - ALTERNATIVE POSTMINING LAND USES: APPROVAL OF PLAN

Current through Register Vol. 13, July 5, 2024
(1) The department may approve a proposed
				alternative postmining land use if all of the following criteria are met:
(a) the requirements of
				82-4-232(8) and
				(9), MCA;
(b) the proposed postmining land use is
				compatible, where applicable, with existing local, state or federal land use
				policies or plans relating to the permit area. Demonstration of compatibility
				with land use policies and plans must include, but is not limited to:
(i) written statement of the authorities with
				statutory responsibilities for land use policies and plans submitted pursuant
				to ARM 17.24.821(2);
				and
(ii) as applicable, obtaining
				any required approval, including any necessary zoning or other changes required
				for land use by local, state or federal land management agencies. This approval
				must remain valid throughout the strip or underground mining
				operations;
(c) specific
				plans are submitted to the department that show the feasibility of the
				postmining land use as related to projected land use trends and markets and
				that include a schedule showing how the proposed use will be financed,
				developed, and achieved within a reasonable time after mining and how it will
				be sustained. These plans must be supported, if appropriate, by letters of
				commitment from parties other than the operator;
(d) as applicable, provision of any necessary
				public facilities is ensured as evidenced by letters of commitment from parties
				other than the operator as appropriate, to provide the public facilities in a
				manner compatible with the plans submitted;
(e) plans for the postmining land use are
				designed under the general supervision of a licensed professional engineer, or
				other appropriate professional, to ensure that the plans conform to applicable
				accepted standards for adequate land stability, drainage, and aesthetic design
				appropriate for the postmining use of the site;
(f) the use will not involve unreasonable
				delays in reclamation; and
(g)
				appropriate measures submitted by state and federal fish and wildlife
				management agencies to prevent or mitigate adverse effects on fish, wildlife,
				and related environmental values and threatened or endangered plants have been
				incorporated into the plan.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.824 - ALTERNATE RECLAMATION: ALTERNATE POSTMINING LAND USES IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204,
					 82-4-205, MCA; IMP,
					 82-4-232,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.825 - ALTERNATE RECLAMATION: ALTERNATE REVEGETATION IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204,
					 82-4-205, MCA; IMP,
					 82-4-233,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.826 - ALTERNATE RECLAMATION: PERIOD OF RESPONSIBILITY FOR ALTERNATE REVEGETATION IS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
82-4-204,
					 82-4-205, MCA; IMP,
					 82-4-223,
					 82-4-232,
					 82-4-235,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.827 through 17.24.830 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.831 - AUGER MINING: GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Auger
				mining operations must comply with applicable strip mining performance
				standards.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.832 - AUGER MINING: SPECIFIC PERFORMANCE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Any auger mining associated with strip
				mining operations must be conducted to maximize recoverability of mineral
				reserves remaining after the mining operations are completed. Each operator
				conducting auger mining operations shall leave areas of undisturbed coal to
				provide access for removal of those reserves by future underground mining
				activities, unless the department determines that the coal reserves have been
				depleted or are limited in thickness or extent to the point that it will not be
				practicable to recover the remaining coal reserves. The department shall make
				such determination only upon presentation of appropriate technical evidence by
				the operator.
(2) Undisturbed areas
				of coal must be left in unmined sections that:
(a) are a minimum of 250 feet wide at any
				point between each group of auger openings to the full depth of the auger
				hole;
(b) are no more than 2,500
				feet apart, measured from the center of one section to the center of the next
				section, unless a greater distance is set forth in the permit application under
				ARM 17.24.326 and approved by the
				department; and
(c) for multiple
				seam mining, have a width of at least 250 feet plus 50 feet for each subjacent
				workable coal seam. The centers of all unmined sections must be aligned
				vertically.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.833 - AUGER MINING: REQUIREMENTS FOR PERMIT

Current through Register Vol. 13, July 5, 2024
(1) No
				permit may be issued for any operation that includes auger mining, unless the
				department finds, in writing, that, in addition to meeting all other applicable
				requirements of rules adopted pursuant to the Act, the operations will be
				conducted in compliance with ARM
				17.24.831 and
				17.24.832.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.834 - REMINING: APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) This rule
				and ARM 17.24.835,
				17.24.836, and
				17.24.837, apply only to
				operations which process coal mine waste materials resulting from "previously
				mined areas" as that term is defined in ARM
				17.24.301.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-203,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.835 - REMINING: APPLICATION AND OPERATING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Remining must be conducted to maximize
				the recoverability of the mineral resource, while using the best control
				technology available to maintain or whenever possible, to improve environmental
				quality, and to maximize the post-operational land use potential.
(2) Remining permit applications and
				operations must comply with all applicable requirements and performance
				standards, as determined by the department, of subchapters 3 through
				12.
(3) Coal mine and coal
				processing waste must be disposed of according to the following:
(a) the operator shall bury such waste in
				pits, shafts, adits, or other excavations that are either available on or near
				the site of the remining operation or that are constructed for the purpose of
				burial. This disposal and burial must be conducted in accordance with ARM
				17.24.501,
				17.24.505,
				17.24.510, and
				17.24.520, as approved by the
				department; or
(b) if disposal in
				accordance with (a) above is not technologically possible or cannot be done in
				compliance with the rules referenced in (a) above, such as with respect to
				protection of ground water quality, and this is affirmatively demonstrated in
				the application, the operator shall dispose of coal mine and coal processing
				waste in accordance with the standards of excess spoil disposal (ARM 17.24.520)
				and in accordance with the standards of ARM 17.24.501, 17.24.505, and
				17.24.510.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.836 - REMINING: ELIGIBILITY FOR ABANDONED MINE LAND STATUS

Current through Register Vol. 13, July 5, 2024
(1) Areas within a remining permit area that
				will not be directly disturbed by remining activities remain eligible for
				abandoned mine land reclamation funding if the proposed remining operation does
				not adversely affect existing or probable abandoned mine land reclamation plans
				and associated costs of reclamation related to such areas, and if this is
				documented in the application.
(2)
				Any remining operation must fulfill the reclamation responsibilities described
				in the permit. To the extent that these responsibilities do not include
				reclamation of site problems or characteristics otherwise eligible for
				abandoned mine land funding, these site problems or characteristics may remain
				eligible for that funding.
(3) The
				applicant may choose to adopt a reclamation plan for the site that is on file
				with the department, provided that the applicant demonstrates that this plan is
				in compliance with ARM
				17.24.835.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-239,
					 82-4-242,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining › Rule 17.24.837 - REMINING: BONDING

Current through Register Vol. 13, July 5, 2024
(1) Bond must be
				submitted consistent with
				82-4-223, MCA, and subchapter 11,
				except as noted below.
(2) The
				performance bond for the area must be the estimated total cost to the
				department for reclamation of the site in accordance with the approved
				reclamation plan.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-223,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.902 - APPLICATION REQUIREMENTS FOR IN SITU COAL PROCESSING OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in ARM
				17.24.905, an application for a
				permit for in situ coal processing operations must be made according to all
				requirements of ARM
				17.24.901. In addition, the mining
				and reclamation operations plan for operations involving in situ processing
				operations must contain information establishing how those operations will be
				conducted in compliance with the requirements of ARM
				17.24.907, including:
(a) delineation of proposed holes and wells
				and production zones for approval of the department;
(b) specifications of drill holes and casings
				proposed to be used;
(c) a plan for
				treatment, confinement or disposal of all acid-forming, toxic-forming or
				radioactive gases, solids, or liquids constituting a fire, health, safety or
				environmental hazard caused by the mining and recovery process; and
(d) plans for monitoring surface and ground
				water and air quality as required by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.904 - IN SITU COAL PROCESSING OPERATION PERFORMANCE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) An operator who conducts in situ coal
				processing operations shall comply with ARM
				17.24.903.
(2) In situ coal processing operations must
				also be planned and conducted to minimize disturbance to the prevailing
				hydrologic balance by:
(a) avoiding discharge
				of fluids into holes or wells, other than as approved by the
				department;
(b) injecting process
				recovery fluids only into geologic zones or intervals approved as production
				zones by the department;
(c)
				avoiding annular injection between the walls of the drill hole and the casing;
				and
(d) preventing discharge of
				process fluid into surface waters.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.905 - RULES NOT APPLICABLE TO IN SITU COAL OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) The following rules are not applicable to
				in situ coal gasification:
(a) ARM
				17.24.311 (Air Pollution Control
				Plan);
(b) ARM
				17.24.519 (Monitoring for
				Settlement); and
(c) ARM
				17.24.831 through
				17.24.837 (auger mining and
				remining rules).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.907 - IN SITU URANIUM PROCESSING OPERATION PERFORMANCE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) With regard to the subsurface hydrologic
				effects of in situ uranium mining, the operator shall comply with all rules of
				the department, and the operator's bond shall ensure compliance with those
				rules. With regard to all other effects, the performance standards of this
				subchapter apply.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.911 - SUBSIDENCE CONTROL

Current through Register Vol. 13, July 5, 2024
(1) Underground
				mining operations must be planned and conducted to prevent or minimize
				subsidence and subsidence-related material damage to the surface to the extent
				technologically and economically feasible, to maintain the value and reasonably
				foreseeable use of surface lands, and to prevent contamination, diminution, and
				interruption of domestic water supplies. This may be accomplished by leaving
				adequate coal in place, backfilling, or other measures to support the surface,
				or by conducting underground mining in a manner that provides for planned and
				controlled subsidence.
(2) If the
				operator utilizes planned and controlled subsidence in the mining operation,
				all necessary measures must be taken to prevent material damage to
				non-commercial buildings and occupied residential dwellings and all structures
				related thereto. Such measures are not required if the operator has the written
				consent of the owners of such structures.
(3) Nothing herein prohibits the standard
				method of room and pillar mining.
(4) A person engaged in underground mining
				operations shall comply with all provisions of the subsidence control plan
				prepared pursuant to ARM
				17.24.901 and approved by the
				department.
(5) A mining schedule
				must be distributed by mail to all owners of property and residents within the
				area above the underground workings and adjacent areas. The operator shall
				notify each such person by mail at least 6 months prior to mining beneath his
				or her property or residence. The notification must contain, at a minimum:
(a) identification of specific areas in which
				mining will take place;
(b) dates
				of mining activities that could cause subsidence and affect specific
				structures; and
(c) measures to be
				taken to prevent or control adverse surface effects.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.912 - BUFFER ZONES

Current through Register Vol. 13, July 5, 2024
(1) Underground
				mining operations must not be conducted beneath or adjacent to any perennial
				stream or impoundment having a storage volume of 20 acre-feet or more, unless
				the department, on the basis of detailed subsurface information, determines
				that subsidence will not cause material damage to streams, water bodies and
				associated structures. If subsidence causes material damage, then measures will
				be taken to the extent technologically and economically feasible to correct the
				same and to prevent additional subsidence from occurring.
(2) Underground mining operations beneath any
				aquifer that serves as a significant source of water supply to any public water
				system must be conducted so as to avoid disruption of the aquifer and
				consequent exchange of ground water between the aquifer and other strata. The
				department may prohibit mining in the vicinity of the aquifer or may limit the
				percentage of coal extraction to protect the aquifer and water supply.
(3) Underground mining operations
				must not be conducted beneath or in close proximity to any public buildings,
				including, but not limited to, churches, schools, hospitals, courthouses, and
				government offices, unless the department, on the basis of detailed subsurface
				information, determines that subsidence from those operations would not cause
				material damage to these structures and specifically authorizes the mining
				operations.
(4) The department
				shall suspend underground mining under urbanized areas, cities, towns, and
				communities, and adjacent to industrial or commercial buildings, major
				impoundments or permanent streams if it finds imminent danger to inhabitants of
				the urbanized areas, cities, towns, or communities.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-227,
					 82-4-231,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.920 - PLACEMENT AND DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: SPECIAL APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each
				application must contain, where applicable, a narrative and appropriate maps
				and cross-sections prepared to meet the standards of ARM
				17.24.305, describing the proposed
				disposal methods and sites for placing underground development waste in
				accordance with ARM
				17.24.924 through
				17.24.927.
(2) Each plan must describe the geotechnical
				investigation, design, construction, operation, maintenance, and removal, if
				appropriate, of the site or structure and be prepared in accordance with ARM
				17.24.320.
AUTH:
					 82-4-205,
					 82-4-231, MCA; IMP:
					 82-4-222,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.924 - DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) To the extent that underground
				development waste is not proposed for backstowing, it must be demonstrated, to
				the satisfaction of the department, that valid physical, economic, safety,
				environmental or other reasons exist for not doing so. Underground development
				waste to be returned to underground mine workings must be disposed of in
				accordance with a program approved by the department and the mine safety and
				health administration.
(2)
				Underground development waste materials from activities located outside the
				permit area may be disposed of in the permit area only with approval of the
				department. Approval must be based upon a showing that disposal will be in
				accordance with this rule and all applicable rules.
(3) Underground development waste must be
				hauled or conveyed to and placed in designated disposal areas within a permit
				area. Underground development waste may not be placed in an impoundment or an
				embankment. The waste must be placed in a controlled manner to ensure:
(a) that the leachate and surface runoff will
				be in compliance with ARM
				17.24.631 and
				17.24.633;
(b) stability and prevention of mass movement
				during and after construction;
(c)
				that reclamation and revegetation of the waste disposal area will be achieved
				in accordance with subchapters 5 through 8, except, in the case of waste
				disposal structures outside of mine excavation areas, those provisions of
				subchapter 5 related to approximate original contour are not
				required;
(d) that a public hazard
				will not be created; and
(e) that
				combustion will not occur.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.925 - DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: VALLEY FILL

Current through Register Vol. 13, July 5, 2024
(1) Disposal of underground development waste
				in valley fills must meet all the requirements of ARM
				17.24.924, and the following
				additional requirements of this rule.
(2) The fill must be designed to attain a
				long-term static safety factor of 1.5 and the design must be based upon data
				obtained from subsurface prospecting, geotechnical testing, foundation design,
				and accepted engineering analyses.
(3) Underground development waste must be
				hauled or conveyed and placed in a controlled manner and concurrently compacted
				as specified by the department, in lifts no greater than 4 feet, or less if
				required by the department, to:
(a) achieve
				densities designed to ensure mass stability;
(b) prevent mass movement;
(c) avoid contamination of the rock
				underdrain; and
(d) prevent
				formation of voids.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.926 - DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: HEAD-OF-HOLLOW FILL

Current through Register Vol. 13, July 5, 2024
(1) Disposal of underground development waste
				in a head-of-hollow fill must meet all the requirements of ARM
				17.24.924 and
				17.24.925.
(2) The drainage control system for the
				head-of-hollow fill must be capable of passing safely the runoff from a
				100-year, six-hour precipitation event, or larger event specified by the
				department.
AUTH:
					 82-4-205,
					 82-4-231, MCA; IMP:
					 82-4-227,
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.927 - DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: DURABLE ROCK FILLS

Current through Register Vol. 13, July 5, 2024
(1) The department may approve disposal of
				underground development waste in a durable rock fill on a site-specific basis,
				provided the method of construction is certified by a licensed professional
				engineer experienced in the design of earth and rockfill embankments and
				provided the requirements of ARM
				17.24.924 and this rule are met.
				Underground development waste is eligible for disposal in durable rock fills if
				it is rock material consisting of at least 80% by volume of sandstone,
				limestone, or other rocks that do not slake in water and that are non-acid,
				non-toxic, non-acid-forming and non-toxic-forming. Resistance of the waste to
				slaking must be determined by using the slake index and slake durability tests
				in accordance with guidelines and criteria established by the department.
				Underground development waste must be transported and placed in a specified and
				controlled manner that will ensure stability of the fill.
(a) The method of waste placement must be
				designed to ensure mass stability and prevent mass movement.
(b) Loads of noncemented clay shale and/or
				clay underground development waste in the fill must be mixed with hard rock
				underground development waste in a controlled manner to limit on a unit basis
				concentrations of noncemented clay shale and clay in the fill. These
				noncemented materials must comprise no more than 20% of the fill volume as
				determined by tests performed by a registered professional engineer and
				approved by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.930 - PLACEMENT AND DISPOSAL OF COAL PROCESSING WASTE: SPECIAL APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each
				application must contain, where applicable, a narrative explaining the
				construction, modification, use, maintenance, removal, and reclamation of coal
				processing waste removal, handling, storage, transportation and disposal sites
				and structures in the permit area in accordance with ARM
				17.24.932, including appropriate
				maps that meet the requirements of ARM
				17.24.305 and describing the
				location of each source of waste, waste storage area, and waste disposal
				structure.
(2) Each application
				must contain a general plan and detailed design plan for each coal processing
				waste disposal area and structure proposed within the permit area.
(a) Each general plan must:
(i) be prepared by, or under the direction of
				and certified by a qualified licensed professional engineer experienced in the
				construction of earth and rock fill embankments;
(ii) contain a description, a map prepared
				according to ARM 17.24.305, and appropriate cross-sections of the structure and
				its location;
(iii) contain
				hydrologic and geologic information required to assess the hydrologic impact of
				the structure;
(iv) contain a
				survey describing the potential effect on the structure from subsidence of the
				subsurface strata resulting from past or future underground mining activities;
				and
(v) contain a certification
				statement that includes a schedule setting forth the dates that any detailed
				design plan for structures that are not submitted with the general plan will be
				submitted to the department. The department must have approved, in writing, the
				detailed design plan for a structure before construction of the structure
				begins.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.9 - Strip and Underground Mine Reclamation Act: Underground Coal and Uranium Mining › Rule 17.24.932 - DISPOSAL OF COAL PROCESSING WASTE

Current through Register Vol. 13, July 5, 2024
(1) To the
				extent that coal processing waste is not proposed for backstowing, it must be
				demonstrated to the satisfaction of the department that valid physical,
				economic, safety, environmental or other reasons exist for not doing so. Coal
				processing waste to be returned to underground mine works must be disposed of
				in accordance with a program approved by the department and the mine safety and
				health administration.
(2) All coal
				processing waste that is not backstowed must be hauled or conveyed and placed
				in new and existing disposal areas approved by the department. These areas must
				be within a permit area.
(3) Coal
				processing waste may be disposed of in head-of-hollow or valley fill
				configurations, including in an underground development waste fill, if the
				processing waste is:
(a) placed in accordance
				with (6) through (10);
(b)
				demonstrated to be non-toxic, non-acid-forming, and otherwise nondeleterious or
				disposed of in accordance with ARM
				17.24.505; and
(c) demonstrated to be consistent with the
				design stability of the fill.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1001 - PERMIT REQUIREMENT

Current through Register Vol. 13, July 5, 2024
(1) A person who
				intends to prospect for coal or uranium on land not included in a valid strip
				or underground mining permit must obtain a prospecting permit from the
				department if the prospecting will be:
(a)
				conducted to determine the location, quality, or quantity of a mineral deposit
				and will substantially disturb, as defined in ARM
				17.24.301, the natural land
				surface; or
(b) conducted to
				determine the location, quality, or quantity of mineral using drilling
				operations; or
(c) conducted on an
				area designated unsuitable for strip or underground coal mining pursuant to
				82-4-227 or
				82-4-228, MCA, or ARM
				17.24.1131.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1002 - INFORMATION AND MONTHLY REPORTS

Current through Register Vol. 13, July 5, 2024
(1)
				Whenever the department must investigate possible environmental damage or
				complaints which may occur as a direct result of prospecting activities, the
				prospector shall furnish sufficient information to the department to facilitate
				such investigation. Such information must include, but is not limited to,
				stratigraphic findings, geophysical and lithological logs, construction details
				(for example, on roads and environmental monitoring sites), and related
				data.
(2) A monthly report must be
				submitted for each successive 30-day period no later than the 15th of the
				following month, provided, however, that monthly reports need not be submitted
				for 30-day periods of inactivity. Reports must include, but are not limited to,
				the following information:
(a) the legal
				description (to nearest ten acres) of each bore and core hole drilled, and
				drill hole identification numbers;
(b) updated maps showing bore and core hole
				locations and identification numbers, as well as drill hole additions,
				deletions or relocations;
(c) the
				date each hole was drilled, logged, and abandoned;
(d) total depth and diameter of each hole
				drilled;
(e) trade name and amount
				of abandonment material used on each drilled hole;
(f) results of additional mud, cement,
				concrete or other grout tests required by the department (i.e., gel strength,
				fluid loss or water-chemical analyses, etc.) completed for each hole drilled
				and abandoned or converted to a well;
(g) depths of all encountered water-bearing
				zones for each hole drilled, including all artesian conditions;
(h) depth of all lost circulation
				zones;
(i) a detailed report of all
				prospecting holes converted to water or monitor wells including:
(i) water-bearing zone developed (depth,
				formation name, lithology);
(ii)
				type of material used to case, grout, seal and cap each well;
(iii) casing diameter; and
(iv) anticipated plans for the
				well;
(j) description of
				any activity that substantially disturbs land or water resources pursuant to
				ARM 17.24.301(120);
(k) mapped location of any surface
				disturbance such as road, disposal pit, or mud pit construction;
(l) mapped location and description of areas
				seeded or otherwise reclaimed; and
(m) anticipated location of activity in next
				reporting period.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1003 - RENEWAL AND TRANSFER OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) An
				application for renewal of a prospecting permit must be submitted by the
				permittee on forms provided by the department. The application must be
				submitted at least 15 days prior to the anniversary date of the permit and must
				include:
(a) the number of drill holes
				permitted;
(b) the number of drill
				holes disturbed;
(c) a listing of
				any other surface disturbances;
(d)
				the number of acres of land disturbed by the operation;
(e) the number of drill holes and other
				disturbances that have been reclaimed and the extent such has been carried out;
				and
(f) an updated map that shows
				all revisions to the current permit.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1004 - ENVIRONMENTAL MONITORING

Current through Register Vol. 13, July 5, 2024
(1) As prescribed
				or approved by the department, the permittee shall monitor important
				environmental characteristics of the area during prospecting to ensure
				minimization of environmental damage to the area.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-226, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1005 - DRILL HOLES

Current through Register Vol. 13, July 5, 2024
(1) Prospecting
				operations must be conducted to completely avoid:
(a) degradation or diminution of any existing
				or potential water supply; and
(b)
				adverse impacts to existing or potential mining operations. All prospecting
				holes must be abandoned in accordance with the following provisions unless the
				hole has been transferred as a water well in compliance with ARM
				17.24.647 or unless a delay is
				approved by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1006 - ROADS AND OTHER TRANSPORTATION FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The prospector shall limit vehicular
				travel on other than established graded and surfaced roads to the minimum that
				is necessary to conduct the prospecting. Travel must be confined to graded and
				surfaced roads during periods when excessive damage to vegetation or erosion of
				the land surface could result.
(2)
				Any new roads or other transportation facilities constructed for prospecting
				activities must meet the requirements of ARM
				17.24.601 through
				17.24.608 and
				17.24.609(2).
(3) Existing roads and transportation
				facilities may be used for prospecting in accordance with the following:
(a) All applicable federal, state, and local
				requirements must be met.
(b)
				Whenever the road is significantly altered, including, but not limited to,
				change of grade, widening, or change of route, or if use of the road
				contributes additional suspended solids to streamflow or runoff, ARM
				17.24.1009 applies to all areas of
				the road that are altered or that result in additional contributions.
(c) Whenever the road or other transportation
				facility is substantially disturbed by prospecting, the design, construction,
				alteration, maintenance, and reclamation of the road must meet the appropriate
				requirements of ARM
				17.24.601 through
				17.24.608 and
				17.24.609(2).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1007 - GRADING, SOIL SALVAGE, STORAGE AND REDISTRIBUTION

Current through Register Vol. 13, July 5, 2024
(1) Excavations, artificially flat areas, or
				embank-ments that are created during prospecting must be returned to the
				approximate original contour promptly after the features are no longer needed
				for prospecting.
(2) All soil
				handling must be conducted in compliance with ARM
				17.24.701 through
				17.24.703. Prior to any surface
				disturbance, all soil suitable for reclamation use must be salvaged and stored
				in an area that will be undisturbed and not subject to excessive wind or water
				erosion. Exceptions may be granted if the operator demonstrates that the
				site-specific disturbance would be insignificant and that soil loss,
				contamination, or impairment of quality would not occur. Immediately upon
				cessation of operations, the soil must be replaced with the surface left in a
				roughened condition in such a manner that the disturbed area blends smoothly
				with the adjacent undisturbed land surface.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-226,
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.10 - Strip and Underground Mine Reclamation Act: Prospecting › Rule 17.24.1008 - REVEGETATION

Current through Register Vol. 13, July 5, 2024
After soil has been replaced in disturbed areas, appropriate
				  legumes, forbs, grasses, shrubs, and trees must be established unless otherwise
				  approved by the department. The revegetation must form a diverse, effective,
				  and permanent vegetative cover of the same seasonal variety native to the area
				  of the land affected and be capable of:
(1) prompt stabilization of the soil surface;
				and
(2) self-regeneration and plant
				succession at least equal in extent of cover to the natural vegetation of the
				area. The vegetative cover must be capable of meeting the criteria set forth in
				82-4-233(1),
				MCA.
AUTH:
					 82-4-205, MCA; IMP:
					 82-4-226,
					 82-4-231,
					 82-4-232,
					 82-4-233,
					 MCA