RECLAMATION

17.24.641 ACID- AND TOXIC-FORMING SPOILS Drainage from acid- and toxic-forming spoil into ground and surface water must be avoided by: identifying, burying, and treating whenever necessary, spoil that, in the judgment of the department, may be detrimental to vegetation or may adv…

17.24.642 PERMANENT IMPOUNDMENTS AND FLOOD CONTROL IMPOUNDMENTS Permanent impoundments are prohibited unless constructed in accordance with ARM 17.24.504 and 17.24.639 and have open-channel spillways that will safely discharge runoff resulting from a 100-year, six-hour precipitat…

17.24.643 GROUND WATER PROTECTION Mining must be conducted to control the effects of drainage from pits, cuts, and other mining activities and disturbances. The permittee shall prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground wate…

17.24.644 PROTECTION OF GROUND WATER RECHARGE The disturbed area must be reclaimed to restore the approximate premining recharge capacity through restoration of the capability of the reclaimed areas as a whole to transmit water to the ground water system. The recharge capacity mu…

17.24.645 GROUND WATER MONITORING Ground water levels, subsurface flow and storage characteristics, and the quality of ground water must be monitored based on information gathered pursuant to ARM 17.24.304 and the monitoring program submitted pursuant to ARM 17.24.314 and in a ma…

17.24.646 SURFACE WATER MONITORING Surface water monitoring must be based on information submitted pursuant to ARM 17.24.304 and must be conducted in accordance with the monitoring program submitted under ARM 17.24.314 and approved by the department. Monitoring must: be adequate …

17.24.647 TRANSFER OF WELLS With prior approval of the department, the permittee may allow the surface owner to use a prospecting well or a monitoring well as a water well. To obtain departmental approval, the surface owner must submit a written request for transfer and evidence …

17.24.648 WATER RIGHTS AND REPLACEMENT The permittee shall replace the water supply of any owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from surface or underground source if such …

17.24.649 DISCHARGE OF WATER INTO UNDERGROUND MINES Surface and ground waters must not be discharged, diverted, or allowed to infiltrate into existing underground mine workings. Authorizing statute(s): 82-4-205, MCA Implementing statute(s): 82-4-231, MCA History: NEW, 1980 MAR p.…

17.24.650 POSTMINING REHABILITATION OF SEDIMENTATION PONDS, DIVERSIONS, IMPOUNDMENTS, AND TREATMENT FACILITIES Before abandoning the permit area, the operator shall renovate all permanent sedimentation ponds, diversions, impoundments, and treatment facilities to meet criteria spe…

17.24.651 STREAM CHANNEL DISTURBANCES AND BUFFER ZONES No land within 100 feet of a perennial stream or intermittent stream or a stream reach with a biological community determined according to (3) may be disturbed by strip or underground mining operations, nor may the stream its…

17.24.652 WELLS AND UNDERGROUND OPENINGS: SAFETY Each prospecting well, other well, and all other exposed underground openings in the permit area must be temporarily sealed before use and temporarily protected during use by barricades, fences, or other protective devices approved…

17.24.701 REMOVAL OF SOIL Prior to any surface disturbance by the mining operation, and after the removal of vegetation that would interfere with soil removal and use, all soil suitable for reclamation use must be removed. Exceptions may be granted if the operator demonstrates to…

17.24.702 REDISTRIBUTION AND STOCKPILING OF SOIL After salvage, soil must be immediately redistributed according to the requirements of (5) and (6) on areas graded to the approved postmining topography. Salvaged soil must be stockpiled if graded areas are not immediately availabl…

17.24.703 SUBSTITUTION OF OTHER MATERIALS FOR SOIL Any application for permit or accompanying reclamation plan that for any reason proposes to use materials other than, or along with, soil and final surfacing of spoil or other disturbances must document problems of soil quantity …

17.24.711 ESTABLISHMENT OF VEGETATION Vegetation must be reestablished in accordance with 82-4-233, MCA. For purposes of that statute, "other constructed features" means discrete man-made features less than two acres in size that are incorporated into reclaimed areas, that have b…

17.24.713 TIMING OF SEEDING AND PLANTING Seeding and planting of disturbed areas must be conducted during the first appropriate period favorable for planting after final seedbed preparation unless a variance is approved by the department. The appropriate period favorable for plan…

17.24.714 SOIL STABILIZING PRACTICES Such practices as seedbed preparation, mulching, or cover cropping must be used on all regraded and resoiled areas to control erosion, to promote germination of seeds, and to increase the moisture retention of the soil until an adequate, perma…

17.24.716 METHOD OF REVEGETATION All revegetation must be in compliance with the approved reclamation plan and carried out in a manner that encourages prompt vegetation establishment. Revegetation must be accomplished by drill or broadcast seeding, by seedling transplants, by est…

17.24.717 PLANTING OF TREES AND SHRUBS Tree or shrub species necessary to meet the approved postmining land use must be adapted for local site conditions and climate. Trees and shrubs must be planted in combination with herbaceous species as necessary to achieve the postmining la…

17.24.718 SOIL AMENDMENTS, MANAGEMENT TECHNIQUES, AND LAND USE PRACTICES Soil amendments must be used as necessary to supplement the soil and to aid in the establishment of a permanent vegetative cover as specified in the approved reclamation plan or as later deemed necessary by …

17.24.719 LIVESTOCK GRAZING IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-233, 82-4-235, 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.…

17.24.720 ANNUAL INSPECTIONS FOR REVEGETATED AREAS IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-233, 82-4-235, 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.…

17.24.721 ERADICATION OF RILLS AND GULLIES When rills or gullies form in areas that have been regraded and resoiled, the rills or gullies must be filled, graded, or otherwise stabilized and the area reseeded or replanted if rills or gullies are: disrupting the approved postmining…

17.24.723 MONITORING The operator shall conduct periodic vegetation, soils, and wildlife monitoring under plans submitted pursuant to ARM 17.24.312(1)(d) and 17.24.313(1)(g) and (h) and the approved postmining land use as approved by the department. The data and a narrative inter…

17.24.724 REVEGETATION SUCCESS CRITERIA Success of revegetation must be determined by comparison with unmined reference areas or by comparison with technical standards. Reference areas and standards must be representative of vegetation and related site characteristics occurring o…

17.24.725 PERIOD OF RESPONSIBILITY Except as provided in 82-4-235(4), MCA, et seq., the minimum period of responsibility for reestablishing vegetation begins after the last seeding, planting, fertilizing, irrigating, or other activity related to phase III reclamation as determine…

17.24.726 VEGETATION MEASUREMENTS Standard, consistent, and statistically valid field and laboratory methods must be used to obtain and evaluate vegetation data consistent with 82-4-233 and 82-4-235, MCA, and to compare revegetated area data with reference area data and/or with t…

17.24.728 COMPOSITION OF VEGETATION IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-233, 82-4-235, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1990 MAR p. 964, Eff. 5/18/90; TRANS, from DSL, 1996 MAR p. 3042; AMD, 1999 MAR p. 811, Eff. 4/2…

17.24.730 SEASON OF USE IS REPEALED Authorizing statute(s): 82-4-204, MCA History: 82-4-233, 82-4-235, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1990 MAR p. 964, Eff. 5/18/90; TRANS, from DSL, 1996 MAR p. 2852; REP, 2004 MAR p. 2548, Eff. 10/22/04.

17.24.731 ANALYSIS FOR TOXICITY Where toxicity to plants or animals is suspected due to the effects of disturbance, the department may require comparative chemical analyses of the plants or animals, or both, on the revegetated area and the reference area. Alternatively, the depar…

17.24.732 VEGETATION REQUIREMENTS FOR PREVIOUSLY CROPPED AREAS IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-233, 82-4-235, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1990 MAR p. 964, Eff. 5/18/90; TRANS, from DSL, 1996 MAR p. 2852; REP…

17.24.733 MEASUREMENT STANDARDS FOR TREES, SHRUBS, AND HALF-SHRUBS IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 82-4-233, 82-4-235, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1990 MAR p. 964, Eff. 5/18/90; TRANS, from DSL, 1996 MA…

17.24.751 PROTECTION AND ENHANCEMENT OF FISH, WILDLIFE, AND RELATED ENVIRONMENTAL VALUES No surface or underground mining operation may be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the secretary of the interior o…

17.24.761 AIR RESOURCES PROTECTION Each operator shall employ fugitive dust control measures as an integral part of site preparation, coal mining and reclamation operations in accordance with 82-4-231(10)(m), MCA, the operator's air quality permit, and applicable federal and stat…

17.24.762 POSTMINING LAND USE The postmining land use must satisfy 82-4-203(28) and 82-4-232(7), MCA. In applying 82-4-232(7), MCA, the following principles apply: The premining uses of the land to which the postmining land use is compared are those that the land previously suppo…

17.24.763 COAL CONSERVATION (REPEALED) Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 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, 2012 MAR p. 737, Eff. 4/13/12.

17.24.764 CROPLAND RECLAMATION The department may not approve a postmining land use of cropland unless the following criteria are met: prior to mining, all soils within the proposed cropland reclamation area must have been at least capability class IV, based on U.S. natural resou…

17.24.801 ALLUVIAL VALLEY FLOORS: PRESERVATION OF ESSENTIAL HYDROLOGIC FUNCTIONS AND PROTECTION OF FARMING Strip or underground coal mining operations must be conducted to preserve, throughout the mining and reclamation process, the essential hydrologic functions of alluvial vall…

17.24.802 ALLUVIAL VALLEY FLOOR: PROTECTION OF FARMING AND PREVENTION OF MATERIAL DAMAGE Strip or underground coal mining operations must not interrupt, discontinue, or preclude farming on alluvial valley floors, unless: the premining land type is undeveloped rangeland that is no…

17.24.804 ALLUVIAL VALLEY FLOORS: MONITORING An environmental monitoring system must be installed, maintained and operated by the permittee on all alluvial valley floors during strip or underground coal mining and reclamation operations and continued until all bonds are released …

17.24.805 ALLUVIAL VALLEY FLOORS: SIGNIFICANCE DETERMINATION The significance of the impact of the proposed operations on farming is based on the relative importance of the vegetation and water of the grazed or hayed alluvial valley floor area to the farm's production, or any mor…

17.24.806 ALLUVIAL VALLEY FLOORS: MATERIAL DAMAGE DETERMINATION 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: potential increases in the concentration of tot…

17.24.811 PRIME FARMLAND: SOIL HANDLING Operators who disturb prime farmlands shall comply with applicable performance standards of ARM 17.24.701 through 17.24.703. Prime farmland soil removal and stockpiling operations must be conducted in compliance with 82-4-23(3)(a) and (b), …

17.24.815 PRIME FARMLAND: REVEGETATION Each operator who conducts strip or underground mining operations on prime farmland shall, within the area identified as prime farmland before disturbance: if the approved postmining land use is not cropland: randomly establish test plots th…

17.24.821 ALTERNATIVE POSTMINING LAND USES: SUBMISSION OF PLAN 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 …

17.24.823 ALTERNATIVE POSTMINING LAND USES: APPROVAL OF PLAN The department may approve a proposed alternative postmining land use if all of the following criteria are met: the requirements of 82-4-232(8) and (9), MCA; the proposed postmining land use is compatible, where applica…

17.24.824 ALTERNATE RECLAMATION: ALTERNATE POSTMINING LAND USES IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 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…

17.24.825 ALTERNATE RECLAMATION: ALTERNATE REVEGETATION IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 82-4-233, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, f…

17.24.826 ALTERNATE RECLAMATION: 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, 1999 MAR p. 811, Eff. 4/23/99; REP, 2004 MAR P. 2548, Eff. 10/…