Montana Administrative Code

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.…

17.24.1125 LIABILITY INSURANCE Minimum insurance coverage to comply with 82-4-222(5), MCA, is $300,000 bodily injury coverage for each occurrence and $500,000 in the aggregate and $300,000 property damage for each occurrence and $500,000 in aggregate. The policy must be maintaine…

17.24.1129 ANNUAL REPORT Each operator shall file copies of an annual report with the department within a time period specified in 82-4-237, MCA, until such time as full bond is released. The annual report must include: the name and address of the operator and the permit number; …

17.24.1131 PROTECTION OF PARKS, HISTORIC SITES, AND OTHER LANDS In addition to those areas upon which strip or underground mining is specifically prohibited pursuant to 82-4-227(13), MCA, subject to valid existing rights, no strip or underground coal mining may be conducted, unle…

17.24.1132 AREAS UPON WHICH COAL MINING IS PROHIBITED: DEFINITIONS AND STANDARD FOR MEASUREMENT OF DISTANCES For the purpose of 82-4-227(13) , MCA, the following definitions apply: "valid existing rights" has the same definition as the definition of the term contained in 30 CFR 7…

17.24.1133 AREAS UPON WHICH COAL MINING IS PROHIBITED: PROCEDURES FOR DETERMINATION Upon receipt of an application for a strip or underground coal mining operation permit, the department shall review the application to determine whether strip or underground coal mining operations…

17.24.1134 AREAS UPON WHICH COAL MINING IS PROHIBITED: PERMISSION TO MINE NEAR PUBLIC ROAD Whenever a proposed mining operation is to be conducted within 100 feet measured horizontally to the outside right-of-way line of any public road (except where mine access roads or haul roa…

17.24.1135 AREAS UPON WHICH COAL MINING IS PROHIBITED: RELOCATION OR CLOSURE OF PUBLIC ROAD Whenever an applicant proposes to relocate or close a public road to facilitate strip or underground mining operations, the road may not be relocated or closed until: the permit authorizin…

17.24.1136 AREAS UPON WHICH COAL MINING IS PROHIBITED: WAIVER TO MINE NEAR DWELLING Whenever a proposed strip or underground mining operation would be conducted within 300 feet measured horizontally of any occupied dwelling, the applicant shall submit with the application a writt…

17.24.1137 AREAS UPON WHICH COAL MINING IS PROHIBITED: CONSULTATION WITH OTHER AGENCIES Whenever a proposed mining operation may adversely affect any public park or any places included on the national register of historic places, the department shall transmit to the federal, stat…

17.24.1138 AREAS UPON WHICH COAL MINING IS PROHIBITED: DESIGNATION PROCESS NOT AFFECTED If the department determines that the proposed strip or underground coal mining operation is not prohibited under 82-4-227(7) or (13) , MCA, or ARM 17.24.1131, it may nevertheless, pursuant to…

17.24.1141 DESIGNATION OF LANDS UNSUITABLE: DEFINITION For purposes of 82-4-228, MCA, the following definitions apply: "Fragile lands" means geographic areas containing natural, scientific or aesthetic resources, or ecologic relationships that could be damaged or be destroyed by …

17.24.1142 DESIGNATION OF LANDS UNSUITABLE: EXEMPTIONS The requirements of ARM 17.24.1141 through 17.24.1148 do not apply to: lands on which strip or underground coal mining operations were being conducted on August 3, 1977; lands covered by a permit issued under the Act; or land…

17.24.1143 DESIGNATION OF LANDS UNSUITABLE: PROSPECTING ON DESIGNATED LANDS Prospecting operations on any lands designated unsuitable for strip or underground mining operations, pursuant to 82-4-228, MCA, and this subchapter, must be approved by the department under subchapter 10…

17.24.1144 DESIGNATION OF LANDS UNSUITABLE: PETITION FOR DESIGNATION OR TERMINATION OF DESIGNATION Any person having an interest which is or may be adversely affected has the right to petition the department to have an area designated as unsuitable for strip or underground coal m…

17.24.1145 DESIGNATION OF LANDS UNSUITABLE: NOTICE AND ACTION ON PETITION Within 30 days of receipt of a petition, the department shall notify the petitioner by certified mail whether or not the petition is complete under ARM 17.24.1144(2) or (3). The department shall determine w…

17.24.1146 DESIGNATION OF LANDS UNSUITABLE: HEARINGS ON PETITION Within 10 months after receipt of a complete petition, the department shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not b…

17.24.1147 DESIGNATION OF LANDS UNSUITABLE: DECISION ON PETITION In reaching its decision, the department shall use: the information contained in the data base and inventory system provided for in ARM 17.24.1148; information provided by other governmental agencies; the detailed s…

17.24.1148 DESIGNATION OF LANDS UNSUITABLE: DATA BASE AND INVENTORY SYSTEM The department shall develop a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions. The department shall include in the system infor…

17.24.115 OPERATING PERMITS: RECLAMATION PLANS The following provisions must be addressed in the reclamation plan: land disturbed by development or mining activities must be reclaimed for one or more specified uses, including, but not limited to: forest, pasture, orchard, croplan…