RECLAMATION

17.24.418 TRANSFER OF PERMITS No transfer or assignment of any permit may be made without the prior written approval of the department. The department may not approve any transfer or assignment of any permit unless the potential transferee or assignee: obtains the performance bon…

17.24.425 ADMINISTRATIVE REVIEW Within 30 days after the applicant or permittee is notified of the final decision of the department concerning the application submitted pursuant to ARM 17.24.401, or an application for transfer, sale, or assignment of rights, the applicant, permit…

17.24.426 RECORDS RETENTION Copies of all records, reports, maps, or other documents submitted to or generated by the department under the Act and rules must be made available to the public for at least five years after bond release and must be disposed of in accordance with Titl…

17.24.427 CHANGE OF CONTRACTOR The permittee shall notify the department of a proposed new contractor or any proposed change in a contractor responsible for day-to-day operations at a permit area. When such a change is proposed without transfer of the permit pursuant to ARM 17.24…

17.24.501 GENERAL BACKFILLING AND GRADING REQUIREMENTS Backfilling and grading of the disturbed area must be completed prior to removal of necessary reclamation equipment from the area of operation. Overburden and parting materials which are not conducive to revegetation techniqu…

17.24.501A FINAL GRADING REQUIREMENTS IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 82-4-232, 82-4-234, MCA History: NEW, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 3042; REP, 1999 MAR p.…

17.24.502 CUT-AND-FILL TERRACES On approval by the department, in order to conserve soil moisture, ensure stability, and control erosion on final graded slopes, cut-and-fill terraces may be allowed if the terraces are compatible with the approved postmining land use and are appro…

17.24.503 SMALL DEPRESSIONS The requirement to achieve approximate original contour does not prohibit construction of small depressions if they are approved by the department to minimize erosion, conserve soil moisture, or promote vegetation or wildlife use. These depressions mus…

17.24.504 PERMANENT IMPOUNDMENTS Permanent impoundments meeting the requirements of ARM 17.24.642 may be retained in mined and reclaimed areas, provided all highwalls are eliminated by grading to appropriate contours and the provisions for postmining land use and protection of th…

17.24.505 BURIAL AND TREATMENT OF EXPOSED MINERAL SEAMS AND WASTE MATERIALS All exposed mineral seams remaining after mining must be covered with a minimum of 4 feet of the best available non-toxic and non-combustible material, unless otherwise approved by the department upon dem…

17.24.507 STORAGE AND FINAL DISPOSAL OF GARBAGE AND OTHER DEBRIS Garbage and other debris including, but not limited to, grease, lubricants, paints, flammable liquids, trash, abandoned mining machinery, lumber and other combustibles generated during mining activities must be plac…

17.24.510 DISPOSAL OF OFFSITE-GENERATED WASTE AND FLY ASH Before waste materials or fly ash from a coal preparation or conversion facility or from other activities conducted outside the permit area such as municipal waste collection may be used for fill material or other purpose …

17.24.514 CONTOURING IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 82-4-232, 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, 1999 MAR p. 811, Eff. 4/23/99.

17.24.515 HIGHWALL REDUCTION Highwalls must be eliminated and the reduced highwall slope must be no greater than whatever slope is necessary to achieve a minimum long-term static safety factor of 1.3. The department may specify a lesser slope whenever necessary to achieve postmin…

17.24.516 ADJACENT STRIP AND UNDERGROUND MINING OPERATIONS An operator who conducts a strip or underground mining operation adjacent to any active or abandoned underground mining operation, must comply with the following: A 500-foot barrier pillar of coal must be maintained betwe…

17.24.517 SLIDES AND OTHER DAMAGE An undisturbed natural barrier, as approved by the department, must be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the department as is needed t…

17.24.518 BUFFER ZONES All mining activities, including highwall reduction and related reclamation, must cease at least 100 feet from a property line, permanent structure, unmineable or unreclaimable steep or precipitous terrain, or any area determined by the department to be of …

17.24.519 MONITORING FOR SETTLEMENT The department may require the operator to monitor settling of regraded areas. The results of these studies may be used to alter reclamation, spoiling and grading techniques to alleviate uneven settling problems on future areas to be mined. Aut…

17.24.519A THICK OVERBURDEN AND EXCESS SPOIL IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 82-4-232, MCA History: NEW, 1989 MAR p. 399, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 3042; REP, 1999 MAR p. 8…

17.24.520 THICK OVERBURDEN AND DISPOSAL OF EXCESS SPOIL Thick overburden occurs where the final spoil thickness exceeds 1.2 times the sum of the overburden thickness and mineral thickness for the entire area to be mined in the permit area. Final spoil thickness is the product of …

17.24.521 TEMPORARY CESSATION OF OPERATIONS Each operator shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary cessation does not relieve an operator of his obl…

17.24.522 PERMANENT CESSATION OF OPERATIONS An operator who permanently ceases strip or underground mining operations in all or part of the permit area, shall close or backfill and otherwise permanently reclaim all affected areas, in accordance with the Act, rules adopted thereun…

17.24.523 COAL FIRES AND COAL CONSERVATION Coal fires in coal processing wastes, storage piles and bins, or unmined or waste coal in mine pits must be extinguished by the operator in accordance with a plan approved by the department and the mine safety and health administration. …

17.24.524 SIGNS AND MARKERS All signs required to be posted by the operator must be of a standard design throughout the operation that can be seen and read easily and must be made of durable material. Signs must not be placed where their visibility is reduced by parked vehicles, …

17.24.601 GENERAL REQUIREMENTS FOR ROAD AND RAILROAD LOOP CONSTRUCTION Roads through permitted areas must not delay or prevent recontouring and revegetation on immediately adjacent spoils, unless otherwise approved by the department for documented and justified reasons related to…

17.24.602 LOCATION OF ROADS AND RAILROAD LOOPS The location of a proposed road or railroad loop must be identified on the site by visible markings prior to the commencement of construction. Construction must not proceed along dry coulees, or intermittent or perennial drainageways…

17.24.603 ROAD AND RAILROAD LOOP EMBANKMENTS After soil is salvaged from embankment areas pursuant to ARM 17.24.701 through 17.24.703, all organic material must be removed from the embankment foundation to increase stability. All material used in embankments must be suitable for …

17.24.604 SOIL REMOVAL IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 82-4-232, 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. 2852; REP, 1999 MAR p. 811, Eff. 4/23/99.

17.24.605 HYDROLOGIC IMPACT OF ROADS AND RAILROAD LOOPS Access and haul roads and railroad loops and associated bridges, culverts, ditches, and road rights-of-way must be constructed, maintained, and reclaimed to prevent additional contributions of suspended solids to streamflow,…

17.24.606 SURFACING OF ROADS IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 82-4-232, 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. 2852; REP, 1999 MAR p. 811, Eff. 4/23/99.

17.24.607 MAINTENANCE OF ROADS AND RAILROAD LOOPS All roads must be routinely maintained by means such as, but not limited to, wetting, scraping or surfacing, and replacement of paving materials, such that the required design standards of the roads are met throughout the life of …

17.24.608 IMPACTS OF OTHER TRANSPORT FACILITIES Other transportation facilities within the area of land affected, including railroad spurs, sidings, surface conveyor systems, chutes, aerial tramways, pipelines, powerlines, and other transport facilities must be designed, construc…

17.24.609 OTHER SUPPORT FACILITIES Support facilities, including temporary and mobile facilities, required for, or used incidentally to, the operation of the mine including, but not limited to, mine buildings, rock crushers, coal loading facilities, coal storage facilities, equip…

17.24.610 PERMANENT ROADS Permanent roads approved as a part of the postmining land use must be designed and built to minimize maintenance needs and to provide maximum control of erosion through ditching, seeding, and other appropriate measures approved by the department. Authori…

17.24.621 GENERAL REQUIREMENTS FOR USE OF EXPLOSIVES Each operator shall comply with all applicable state and federal laws in the use of explosives. Blasts that use more than 5 pounds of explosive or blasting agent must be conducted according to the schedule required by ARM 17.24…

17.24.622 PREBLASTING SURVEY At least 30 days before initiation of blasting, the operator shall advise, in writing, all residents or owners of dwellings or other structures within 1/2 mile of the permit area how to request a preblasting survey. Any survey requested more than 10 d…

17.24.623 BLASTING SCHEDULE The operator shall publish a blasting schedule at least ten days, but not more than 20 days, before beginning a blasting program in which blasts that use more than five pounds of explosive or blasting agent are detonated. The blasting schedule must be …

17.24.624 SURFACE BLASTING REQUIREMENTS The department may limit the area covered, timing, and sequence of blasting, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare. All blasting must be conducted between sunrise and su…

17.24.625 SEISMOGRAPH MEASUREMENTS Whenever a seismograph is used to monitor the velocity of ground motion and the peak particle velocity limits of ARM 17.24.624(11) are not exceeded, the equation in ARM 17.24.624(14) need not be used. If that equation is not used by the operator…

17.24.626 RECORDS OF BLASTING OPERATIONS A record of each blast, including seismograph records, must be retained for at least three years and must be available for inspection by the department and the public on request. Blasting records must be complete and accurate at the time o…

17.24.631 GENERAL HYDROLOGY REQUIREMENTS The permittee shall plan and conduct mining and reclamation operations to minimize disturbance to the prevailing hydrologic balance and to prevent material damage to the prevailing hydrologic balance outside the permit area. Changes in wat…

17.24.632 PERMANENT SEALING OF DRILLED HOLES When no longer needed for its intended use as approved by the department and if not transferred as a water well under ARM 17.24.647, each prospecting hole, other drilled hole, borehole, or well must be abandoned according to the proced…

17.24.633 WATER QUALITY PERFORMANCE STANDARDS All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, must be treated by the BTCA before leaving the permit area. Additional BTCA practices may be required after commencemen…

17.24.634 RECLAMATION OF DRAINAGE BASINS Reclaimed drainage basins, including valleys, channels, and floodplains must be constructed to: comply with the postmining topography map required by ARM 17.24.313(1)(d)(iv) and approved by the department; approximate original contour; an …

17.24.635 GENERAL REQUIREMENTS FOR TEMPORARY AND PERMANENT DIVERSION OF OVERLAND FLOW, THROUGH FLOW, SHALLOW GROUND WATER FLOW, EPHEMERAL DRAINAGEWAYS, AND INTERMITTENT AND PERENNIAL STREAMS The department may require or approve a diversion of flow whenever: the purpose is to div…

17.24.636 SPECIAL REQUIREMENTS FOR TEMPORARY DIVERSIONS A temporary diversion must be constructed to pass safely the peak runoff from a precipitation event with a 10-year, 24-hour recurrence interval, or a larger event as specified by the department. If channel lining is required…

17.24.637 SPECIAL REQUIREMENTS FOR PERMANENT DIVERSIONS Permanent diversion structures are defined as those approved by the department to remain after mining. All permanent diversions must meet the requirements of ARM 17.24.634 and 17.24.635. Authorizing statute(s): 82-4-205, MCA…

17.24.638 SEDIMENT CONTROL MEASURES Appropriate sediment control measures must be designed, constructed, and maintained using the BTCA to: prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area; meet the more strin…

17.24.639 SEDIMENTATION PONDS AND OTHER TREATMENT FACILITIES Sedimentation ponds, either temporary or permanent, may be used individually or in series and must: be constructed before any disturbance of an area that will drain into the pond takes place; be located as near as possi…

17.24.640 DISCHARGE STRUCTURES Discharge from sedimentation ponds, impoundments, and diversions must be controlled by vegetation, energy dissipators, riprap channels, and other measures, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, a…