RECLAMATION

17.24.1004 ENVIRONMENTAL MONITORING 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. Authorizing statute(s): 82-4-205, MCA Im…

17.24.1005 DRILL HOLES Prospecting operations must be conducted to completely avoid: degradation or diminution of any existing or potential water supply; and adverse impacts to existing or potential mining operations. All prospecting holes must be abandoned in accordance with the…

17.24.1006 ROADS AND OTHER TRANSPORTATION FACILITIES 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 wh…

17.24.1007 GRADING, SOIL SALVAGE, STORAGE AND REDISTRIBUTION Excavations, artificially flat areas, or embankments that are created during prospecting must be returned to the approximate original contour promptly after the features are no longer needed for prospecting. All soil ha…

17.24.1008 REVEGETATION 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 …

17.24.1009 DIVERSIONS With the exception of small and temporary diversions of overland flow of water around new roads, drill pads, test pits, and support facilities, no ephemeral, intermittent, or perennial stream may be diverted. Overland flow of water must be diverted in a mann…

17.24.101 GENERAL PROVISIONS The Act and this subchapter provide that no person may engage in activities regulated under the Act without first obtaining the appropriate exploration license or operating permit from the department, or filing a valid small miner exclusion to the req…

17.24.1010 REMOVAL OF EQUIPMENT All equipment and facilities must be promptly removed from the prospecting area when no longer needed for exploration or reclamation, except for equipment and facilities that the department determines may remain to: provide additional environmental…

17.24.1011 HYDROLOGIC BALANCE Prospecting must be conducted to minimize disturbance of the prevailing hydrologic balance in accordance with ARM 17.24.631 through 17.24.634, 17.24.638 through 17.24.651 and must include appropriate sediment control measures, such as those listed in…

17.24.1012 TOXIC- OR ACID-FORMING MATERIALS Toxic- or acid-forming materials must be handled and disposed of in accordance with ARM 17.24.505, 17.24.507, and 17.24.510. Additional measures may be specified by the department. Authorizing statute(s): 82-4-205, MCA Implementing stat…

17.24.1013 DRILLING If drilling is proposed, the prospecting plan must comply with the following: drill sites must not be constructed within 100 feet of stream channelways (dry or flowing) or in an area where drilling-related materials may enter stream channelways. The department…

17.24.1014 TEST PITS: APPLICATION REQUIREMENTS, REVIEW PROCEDURES, BONDING, AND ADDITIONAL PERFORMANCE STANDARDS In addition to all the other performance standards set forth in ARM 17.24.1005 through 17.24.1012, prospecting test pits must also comply with the following requiremen…

17.24.1016 BOND REQUIREMENTS FOR DRILLING OPERATIONS The department shall require bond in an amount equal to the estimated cost to the department for reclamation, restoration, and abatement work as committed to in the approved permit. Minimum bond on all active permits must not b…

17.24.1017 BOND RELEASE PROCEDURES FOR DRILLING OPERATIONS Bond release may be requested at the following times: Partial release may be requested and granted after: downhole plugging is completed; and backfilling and grading, pursuant to the approved plan, is completed; Complete …

17.24.1018 NOTICE OF INTENT TO PROSPECT This rule applies to a prospecting operation that is outside an area designated unsuitable for coal mining pursuant to 82-4-227 or 82-4-228, MCA, and that is: conducted for the purpose of gathering environmental data to establish the condit…

17.24.1019 PERMIT REQUIREMENT - SHORT FORM This rule applies to a prospecting operation that is outside an area designated unsuitable and conducted to determine the location, quality, or quantity of a coal deposit pursuant to 82-4-226(7), MCA, that does not remove more than 250 t…

17.24.102 DEFINITIONS As used in the Act and this subchapter, the following definitions apply: "Act" means Title 82, chapter 4, part 3, MCA. "Alternate land use" means, with regard to a mill facility, reclamation of a site to an alternative post-mining land use where the followin…

17.24.103 EXPLORATION LICENSE--APPLICATION AND CONDITIONS To secure an exploration license an applicant shall: pay a filing fee of $100 to the department; submit an application for an exploration license to the department upon forms prepared and furnished by it; submit an explora…

17.24.104 EXPLORATION (TEMPORARY) ROADS Insofar as possible, all roads must be located on benches, ridge tops and flatter slopes to minimize disturbance and enhance stability. Road widths may not exceed a 14 foot single lane standard. Turn-outs may be constructed according to the…

17.24.105 CONDUCT OF EXPLORATION OPERATIONS All suitable practically salvaged soil and soil material must be salvaged prior to any other site disturbance, and either stockpiled or used for immediate reclamation. Except for samples, drilling mud, water and other fluids as well as …

17.24.106 EXPLORATION DRILL HOLE PLUGGING Except as provided in (3) of this rule, all exploration drill holes must be plugged at the surface five to ten feet with cement. Except as provided in (3) of this rule, exploration drill holes must be plugged with bentonite or a similar c…

17.24.107 RECLAMATION REQUIREMENTS--EXPLORATION 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 …

17.24.108 EXPLORATION RECLAMATION DEFERRED The department may defer the reclamation requirements of acreage disturbed under an exploration license if that acreage is proposed for incorporation into a complete plan of operation that is being prepared or has already been submitted …

17.24.109 EXPLORATION LICENSE ASSIGNMENT The department may approve the assignment of an exploration license contingent on the following conditions: The licensee submits to the department a completed application, on a form provided by the department, which includes the name and a…

17.24.1101 BONDING: DEFINITIONS For purposes of this rule, the following definitions apply: "Surety bond" means an indemnity agreement in a sum certain payable to the department executed by the permittee which is supported by the performance guarantee of a corporation licensed to…

17.24.1102 BONDING: DETERMINATION OF BOND AMOUNT The standard applied by the department in determining the amount of performance bond is the estimated cost to the department if it had to perform the reclamation, restoration, and abatement work required of an operator or a prospec…

17.24.1103 BONDING: PERIOD OF RESPONSIBILITY FOR ALTERNATE REVEGETATION IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 82-4-223, 82-4-232, 82-4-235, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, fro…

17.24.1104 BONDING: ADJUSTMENT OF AMOUNT OF BOND The amount of the performance bond must be increased, as required by the department, as the acreage in the permit area increases, methods of mining operation change, standards of reclamation change or when the cost of future reclam…

17.24.1105 BONDING: FORM OF BOND The form for the performance bond must be as provided by the department. The department shall allow for either: a surety bond; or a collateral bond. Authorizing statute(s): 82-4-205, MCA Implementing statute(s): 82-4-223, 82-4-232, 82-4-235, MCA H…

17.24.1106 BONDING: TERMS AND CONDITIONS OF BOND In addition to the requirements of 82-4-223, MCA, surety bonds must be subject to the following requirements: the department may not accept surety bonds from a surety company for any person, on all permits held by that person, in e…

17.24.1107 BONDING: INCAPACITY OF SURETY Upon the incapacity of a surety by reason of bankruptcy, insolvency or suspension or revocation of its license, the permittee shall be deemed to be without bond coverage, and shall promptly notify the department in the manner described in …

17.24.1108 BONDING: CERTIFICATES OF DEPOSIT The department may not accept an individual certificate for a denomination in excess of $100,000, or maximum insurable amount as determined by the federal deposit insurance corporation, the federal savings and loan insurance corporation…

17.24.1109 BONDING: LETTERS OF CREDIT Letters of credit are subject to the following conditions: The letter must be issued by a bank organized or authorized to do business in the United States. The letter must be irrevocable prior to a release by the department in accordance with…

17.24.1110 BONDING: REPLACEMENT OF BOND The department may allow permittees to replace existing surety or collateral bonds with other surety or collateral bonds if the liability that has accrued against the permittee on the permit area is transferred to such replacement bonds. Th…

17.24.1111 BONDING: BOND RELEASE APPLICATION CONTENTS The permittee or any person authorized to act on his behalf may file an application with the department for release of all or part of the performance bond liability applicable to a particular permit after all reclamation, rest…

17.24.1112 BONDING: ADVERTISEMENT OF RELEASE APPLICATIONS AND RECEIPT OF OBJECTIONS Upon receipt of notice of the department's determination of administrative completeness, the applicant shall advertise the approved public notice of the application in a newspaper of general circu…

17.24.1113 BONDING: INSPECTION OF SITE AND PUBLIC HEARING OR INFORMAL CONFERENCE Within 30 days of determining that a bond release application is administratively complete pursuant to 82-4-232(6)(h), MCA, the department shall, weather permitting, inspect and evaluate the reclamat…

17.24.1114 BONDING: DEPARTMENTAL REVIEW AND DECISION ON BOND RELEASE APPLICATION The department shall consider, during inspection, evaluation, informal conference, hearing and decision: whether the permittee has met the criteria for release of the bond; the degree of difficulty i…

17.24.1115 BONDING: HEARING ON BOND RELEASE DECISION Following receipt of the decision of the department under ARM 17.24.1114, the permittee or any affected person may request a hearing on the reasons for that decision. Requests for hearings must be filed within 30 days after the…

17.24.1116 BONDING: CRITERIA AND SCHEDULE FOR RELEASE OF BOND The department may not release any portion of the performance bond until it finds that the permittee has met the requirements of the applicable reclamation phase as defined in this rule. The department may release port…

17.24.1116A REASSERTION OF JURISDICTION IS REPEALED Authorizing statute(s): 82-4-205, MCA Implementing statute(s): 82-4-235, MCA History: NEW, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 3042; REP, 1999 MAR p. 811, Eff. 4/23/99.

17.24.1117 BONDING: PROCEDURE FOR FORFEITURE In the event forfeiture of the bond is necessary, the department shall: send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if applicable, of the department's determinatio…

17.24.1118 BONDING: EFFECT OF FORFEITURE The written determination to forfeit all or part of the bond, including the reasons for forfeiture and the amount to be forfeited, is a final decision by the department. The department may forfeit any or all bond deposited for an entire pe…

17.24.1119 BONDING: CRITERIA FOR FORFEITURE A bond must be forfeited if the department finds that: the permittee has violated any of the terms or conditions of the bond; the permittee has failed to conduct the strip or underground mining and reclamation operations in accordance w…

17.24.1120 BONDING: DETERMINATION OF FORFEITURE AMOUNT The department shall either: determine the amount of the bond to be forfeited on the basis of the estimated cost to the department or its contractor to complete the reclamation plan and other regulatory requirements in accord…

17.24.1121 BONDING: STATE AGENCIES AND POLITICAL SUBDIVISIONS The department may require agencies and political subdivisions of the state to file bonds for prospecting operations other than test pit prospecting operations. Agencies and political subdivisions of the state shall fi…

17.24.1122 NOTICE OF ACTION ON COLLATERAL BOND The department shall give advanced notice of any action pursuant to a collateral bond to each person who has an interest in the collateral and who, in writing at the time the collateral was offered, requested notice of future action.…