RECLAMATION

17.24.217 PLAN OF OPERATION--PREMINE INFORMATION (REPEALED) Authorizing statute(s): 82-4-422, MCA Implementing statute(s): 82-4-402, 82-4-422, 82-4-431, 82-4-432, 82-4-434, MCA History: NEW, 2004 MAR p. 317, Eff. 2/13/04; REP, 2016 MAR p. 513, Eff. 3/19/16.

17.24.218 PLAN OF OPERATION (SITE CHARACTERIZATION, SITE PREPARATION, SOIL AND OVERBURDEN HANDLING, MINING, AND PROCESSING PLANS) AND PERFORMANCE STANDARDS An application for a standard permit or standard permit amendment requires a plan of operation thatcomplies with 82-4-432, M…

17.24.219 PLAN OF OPERATION, RECLAMATION PLAN, AND PERFORMANCE STANDARDS An application for a dryland permit or to amend a dryland permit does not require a plan of operation. An application for a standard permit or to amend a standard permit must include a plan of operation that…

17.24.220 RECLAMATION BOND CALCULATION For all permits and amendments, aproposed reclamation bond calculation must be submittedon 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 o…

17.24.221 PLAN OF OPERATION--MAPS For a standard permit or standard permit amendment, a plan ofoperation must comply with 82-4-434(2), MCA and include:a site map, area map, reclamation map, location map, and other maps necessary to describe the proposed opencut operation. Except …

17.24.222 ADDITIONAL INFORMATION AND CERTIFICATION The department may require that an operator provide additional informationthat includes, but is not limited to: vegetation; soil; surface water; ground water; and water conveyance facilities. The information provided pursuant to …

17.24.223 ZONING COMPLIANCE FOR SAND OR GRAVEL MINING 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 …

17.24.224 ASSIGNMENT OF PERMITS 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 exis…

17.24.225 PERMIT COMPLIANCE An operator shall comply with the provisions of its permit, this subchapter, and the Act. 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 …

17.24.226 ADMINISTRATIVE REQUIREMENTS FOR LIMITED OPENCUT OPERATIONS 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…

17.24.227 SURFACE WATER SETBACK REQUIREMENTS Dryland opencut mining operations must: not affect surface water, including but not limited to, perennial or intermittent streams; have a permit boundary that is a minimum of 50 feet from the edge of the high water mark of surface wate…

17.24.228 REQUIREMENTS FOR DRYLAND PERMIT APPLICATIONS AND RECLAMATION Dryland permits must meet all the application requirements of 82-4-432(14), MCA. Before submitting a dryland permit application, an operator must provide public notice. The applicant must: post notice of the f…

17.24.301 DEFINITIONS The following definitions apply to all terms used in the Strip and Underground Mine Reclamation Act and subchapters 3 through 13 of this chapter: "Abandoned" is defined in 82-4-203, MCA. "Acid drainage" means water with a pH of less than 6.0 and in which tot…

17.24.302 FORMAT, DATA COLLECTION, AND SUPPLEMENTAL INFORMATION 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 …

17.24.303 LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION Each application must contain, in any format prescribed by the department, the following information: the name, permanent and temporary post office addresses, telephone numbers, and, as applicable, social security nu…

17.24.304 BASELINE INFORMATION: ENVIRONMENTAL RESOURCES The following environmental resources information must also be included as part of an application for a strip or underground mining permit: the size, sequence, and timing of the subareas of the mine plan area for which it is…

17.24.305 MAPS The application must contain maps including the following information: the owners of record of the surface of the land to be affected by the permit and the owners of record of all surface area within 1/2 mile of any part of the affected area; the owners of record o…

17.24.306 BASELINE INFORMATION: PRIME FARMLAND INVESTIGATION 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 pr…

17.24.308 OPERATIONS PLAN 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 narrative description of the type and method of mining procedures and proposed engineering techni…

17.24.310 BLASTING PLAN 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…

17.24.311 AIR POLLUTION CONTROL PLAN For all strip mining operations with projected production rates exceeding 1,000,000 tons of mineral per year, the application must contain an air pollution control plan that includes the following: an air quality monitoring program to provide …

17.24.312 FISH AND WILDLIFE PLAN Each application must contain a fish and wildlife plan, consistent with ARM 17.24.751 that provides: a description of how the plan will minimize disturbances and adverse impacts on fish, wildlife, and related environmental values during mining and…

17.24.313 RECLAMATION PLAN Each reclamation plan must contain a description of the reclamation operations proposed, including the following information: the proposed postmining land use pursuant to ARM 17.24.762; a detailed timetable for the estimated completion of each major ste…

17.24.314 PLAN FOR PROTECTION OF THE HYDROLOGIC BALANCE Each permit application must contain a detailed description, supported by appropriate maps, data, and other graphics, of the measures to be taken during and after the proposed mining activities to minimize disturbance of the…

17.24.315 PLAN FOR PONDS AND EMBANKMENTS Each application must include a general plan for each proposed sedimentation pond and water impoundment within the proposed mine plan areas. Each general plan must: be prepared by, or under the direction of, and certified by a qualified li…

17.24.316 STRIP OR UNDERGROUND MINING NEAR UNDERGROUND MINING For strip or underground mining operations within the proposed permit area to be conducted within 500 feet of an active or abandoned underground mine, the application must describe the measures to be used to comply wit…

17.24.317 DIVERSIONS Each application must contain descriptions, including maps and cross-sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with the Act and ARM 17.24.635 through 17.24.637. Authoriz…

17.24.318 PROTECTION OF PUBLIC PARKS AND HISTORIC PLACES For any public parks, historic places, or other significant cultural resources identified in ARM 17.24.304(2) that may be adversely affected by the proposed operations, each plan must describe the measures to be used to min…

17.24.319 RELOCATION OR USE OF PUBLIC ROADS Each application must describe, with appropriate maps and cross-sections or other proof required by the department, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under ARM 1…

17.24.320 PLANS FOR DISPOSAL OF EXCESS SPOIL Each application must contain descriptions, including appropriate maps and cross-section drawings, of the proposed disposal site and design of the spoil disposal structures according to ARM 17.24.520. These plans must describe the geot…

17.24.321 TRANSPORTATION FACILITIES PLAN Each application must contain a description of each road, conveyor, and railroad loop to be constructed, used, or maintained within the proposed permit area. The description must include the following as appropriate for the type of constru…

17.24.322 GEOLOGIC INFORMATION AND COAL CONSERVATION PLAN An application for a permit to mine coal must include a coal conservation plan to allow determination of whether failure to conserve coal may occur. The plan must include: the results of all test borings, evaluations, obse…

17.24.323 GRAZING PLAN IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 82-4-222, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; REP, 2004 MAR p. 2548, Eff. 10/22/04.

17.24.324 PRIME FARMLANDS: SPECIAL APPLICATION REQUIREMENTS If land within the proposed permit area is identified as prime farmland under ARM 17.24.306, the applicant shall submit a plan for the mining and restoration of the land. Each plan must contain the following: the soil su…

17.24.325 COAL MINING OPERATIONS ON AREAS OR ADJACENT TO AREAS INCLUDING ALLUVIAL VALLEY FLOORS: SPECIAL APPLICATION REQUIREMENTS This rule applies to each applicant who conducts or intends to conduct coal mining and reclamation operations in, adjacent to or under a valley holdin…

17.24.326 AUGER MINING: SPECIAL APPLICATION REQUIREMENTS Any application for a permit for operations using auger mining methods must contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with ARM 17.24.…

17.24.327 COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED WITHIN A MINE PERMIT AREA: SPECIAL APPLICATION REQUIREMENTS This rule applies to any person who intends to operate a coal preparation plant, processing plant or support facility not located within a permit area o…

17.24.401 FILING OF APPLICATION AND NOTICE An applicant for an operating permit, a test pit prospecting permit, a renewal of an operating permit or test pit prospecting permit, a major revision to an operating permit or test pit prospecting permit, or an amendment (other than an …

17.24.402 SUBMISSION OF COMMENTS AND WRITTEN OBJECTIONS The governmental entities specified in ARM 17.24.401(5)(b) may file written comments on applications with the department with respect to the effects of the proposed mining operations on the environment within their areas of …

17.24.403 INFORMAL CONFERENCE Any person whose interests are or may be adversely affected by the decision on an application submitted pursuant to ARM 17.24.401(1) or the officer or head of any federal, state or local government agency or authority may, in writing, request that th…

17.24.404 REVIEW OF APPLICATION The department shall review each administratively complete application, written comments, written objections submitted, and records of any informal conference held and determine the acceptability of the application within 120 days of its determinat…

17.24.405 FINDINGS AND NOTICE OF DECISION The department shall prepare written findings approving or denying an application filed pursuant to ARM 17.24.401(1) in whole or in part no later than 45 days from the date of the acceptability determination except as provided by 75-1-208…

17.24.406 IMPROVIDENTLY ISSUED PERMITS: GENERAL PROCEDURES If the department determines that it has reason to believe it improvidently issued an operating permit, it shall review the circumstances under which the permit was issued, using the criteria in (2) of this rule. If the d…

17.24.407 IMPROVIDENTLY ISSUED PERMITS: REVOCATION If the department, pursuant to ARM 17.24.406(3)(d) , elects to revoke an improvidently issued permit, it shall serve on the permittee a notice of proposed suspension and revocation. The notice must include the reasons for the fin…

17.24.412 EXTENSION OF TIME TO COMMENCE MINING The department shall specifically set forth in the permit any extension of the three-year limitation granted pursuant to 82-4-221(1), MCA. A request pursuant to 82-4-221(1), MCA, for extension of time to commence mining is subject to…

17.24.413 CONDITIONS OF PERMIT The following conditions accompany the issuance of each permit: Except to the extent that the department otherwise directs in the permit that specific actions be taken, the permittee shall conduct all operations as described in the application as ap…

17.24.414 REVIEW OF EXISTING PERMITS The department shall review each operating permit issued during the term of the permit. This review must occur not later than the middle of the permit term. After this review, the department may, by order, require reasonable revision or modifi…

17.24.415 PERMIT REVISIONS An application for revision to a permit must be submitted for departmental review: for any proposed change(s) in the operation as described in the original permit and subsequent revisions thereof; or when required under ARM 17.24.414. The operator may n…

17.24.416 PERMIT RENEWAL Applications for renewals of a permit must be made at least 240, but not more than 300 days prior to the expiration date. Renewal applications must be on a form provided by the department, including, at a minimum, the following: a statement of the name an…

17.24.417 PERMIT AMENDMENT Any application to amend the permit by adding acreage, other than an incidental boundary revision, is subject to the same application, notice, and hearing requirements as an application for a new permit as required by 82-4-225, MCA. Authorizing statute(…