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 17.24.182 - (INTERPRETIVE RULE) OPERATIONAL RECOMMENDATIONS FOR SMALL MINERS

Current through Register Vol. 13, July 5, 2024
(1) In order for SMES placer and dredge
				operators to meet the requirements of
				82-4-305(1), MCA,
				which requires that the small miner agree in writing not to pollute or
				contaminate any stream, the department recommends the following best management
				practices as minimally necessary to assure that operations do not result in
				water quality violations:
(a) Mining
				equipment should not be operated in a live stream or diversion, or in any
				manner to cause bank caving or erosion of the bank of any live stream or
				diversion.
(b) The amount of
				make-up water should be limited to only the amount required to operate the wash
				plant with spent water being recirculated back to the wash plant.
(c) Runoff from undisturbed areas should be
				minimized through use of temporary berms.
(d) Adequate temporary berms and/or natural
				undisturbed areas of vegetation should be placed or left as a buffer zone
				around diversion ditches and live streams to prevent water quality degradation
				and erosion of disturbed areas as a result of runoff from a ten-year, 24-hour
				precipitation event.
(e) During
				operations, care should be taken to protect streambanks and streambank
				vegetation, streambanks, ditches, and diversions should be lined, riprapped, or
				otherwise stabilized to prevent excess erosion.
(f) Roads should:
(i) be constructed to provide controlled
				drainage, include culverts, waterbars, and slash filters necessary to
				facilitate drainage and minimize erosion and be constructed to reduce
				concentrated flows;
(ii) be located
				on well-drained soils and located back from stream bottoms in order to provide
				a buffer zone for preventing road sediments from washing into stream
				channels;
(iii) be located outside
				slide-prone areas characterized by seeps, steep slopes, highly weathered
				bedrock, clay beds, concave slopes, hummocky topography, and rock layers that
				dip parallel to the slope;
(iv) be
				constructed to stabilize sloped exposed surfaces by seeding, compacting,
				riprapping, benching, mulching or other suitable means prior to fall or spring
				runoff;
(v) not be left in an
				erosive condition over a winter season; and
(vi) be used only minimally during wet
				periods and spring breakup when damage to the roads, which would result in
				increased sedimentation, is likely to occur.
(g) Cut-and-fill slopes should be constructed
				at a stable angle and stabilized by seeding, mulching, benching or other
				suitable means during the same season as construction.
(h) Clearing, grubbing or logging debris
				should not be placed in streams or used for diversions or cause water quality
				degradation.
(i) Diversions and
				impoundments should be sized to pass the ten-year, 24-hour precipitation event.
				Diversions should be constructed with drop structures or energy dissipators
				whenever necessary to prevent erosion. Diversion ditch berms should be sloped
				to account for site-specific conditions, including soils, climate, height of
				structure and existing natural slopes, and should be revegetated, riprapped, or
				otherwise stabilized to minimize stream sedimentation.
(j) Before winter shutdown, a small miner
				should take the following precautions:
(i)
				Diversions should be sized to pass spring runoff (minimum ten-year, 24-hour
				event) or streams should be returned to original channels.
(ii) Ponds should have adequate freeboard to
				prevent over-topping during spring runoff from direct precipitation and
				over-land flow. Whenever ponds are located within a flood plain and diversions
				are not sized to pass the ten-year, 24-hour precipitation event, ponds should
				be filled and reclaimed prior to onset of winter.
(iii) Soil, overburden, and tailings
				stockpiles should not be placed near streams, unless necessary, and, or if so
				placed, should be bermed at the toe to prevent erosion of sediments into
				streams.
(iv) Fuel storage tanks
				should be drained before winter shut down and should be drained and disposed of
				in a manner which protects adjacent streams.
(k) Dikes should be constructed around fuel
				storage areas to prevent a spill or discharge of fuel to any waters.