Montana Administrative Code

17.24.1011 HYDROLOGIC BALANCE (1) 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 liste…

17.24.1012 TOXIC- OR ACID-FORMING MATERIALS (1) 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 …

17.24.1013 DRILLING If drilling is proposed, the prospecting plan must comply with the following: (1) 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 depart…

17.24.1014 TEST PITS: APPLICATION REQUIREMENTS, REVIEW PROCEDURES, BONDING, AND ADDITIONAL PERFORMANCE STANDARDS (1) 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 requir…

17.24.1016 BOND REQUIREMENTS FOR DRILLING OPERATIONS (1) 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 n…

17.24.1017 BOND RELEASE PROCEDURES FOR DRILLING OPERATIONS (1) Bond release may be requested at the following times: (a) Partial release may be requested and granted after: (i) downhole plugging is completed; and (ii) backfilling and grading, pursuant to the approved plan, is com…

17.24.1018 NOTICE OF INTENT TO PROSPECT (1) 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: (a) conducted for the purpose of gathering environmental data to establish th…

17.24.1019 PERMIT REQUIREMENT - SHORT FORM (1) 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 2…

17.24.102 DEFINITIONS As used in the Act and this subchapter, the following definitions apply: (1) "Act" means Title 82, chapter 4, part 3, MCA. (2) “Activities beneath the surface of the land” means, with regards to exploration licenses, activities that are approved to occur ben…

17.24.103 EXPLORATION LICENSE--APPLICATION AND CONDITIONS (1) To secure an exploration license an applicant shall: (a) pay a new exploration license fee in accordance with 82-4-332(1)(a), MCA, to the department prior to issuance of a new exploration license; (b) submit an applica…

17.24.104 EXPLORATION (TEMPORARY) ROADS (1) Insofar as possible, all roads must be located on benches, ridge tops and flatter slopes to minimize disturbance and enhance stability. (2) Road widths may not exceed a 14 foot single lane standard. Turn-outs may be constructed accordin…

17.24.105 CONDUCT OF EXPLORATION OPERATIONS (1) 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. (2) Except for samples, drilling mud, water and other fluids as …

17.24.106 EXPLORATION DRILL HOLE PLUGGING (1) Except as provided in (3) of this rule, all exploration drill holes must be plugged at the surface five to ten feet with cement. (2) Except as provided in (3) of this rule, exploration drill holes must be plugged with bentonite or a s…

17.24.107 RECLAMATION REQUIREMENTS--EXPLORATION (1) 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 percol…

17.24.108 EXPLORATION RECLAMATION DEFERRED (1) 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 submit…

17.24.109 EXPLORATION LICENSE ASSIGNMENT (1) The department may approve the assignment of an exploration license contingent on the following conditions: (a) The licensee submits to the department a completed application, on a form provided by the department, which includes the na…

17.24.110 EXPLORATION LICENSE — REVISIONS AND AMENDMENTS (1) During the term of an exploration license, a licensee may apply for: (a) exploration license major amendments; (b) exploration license minor amendments; or (c) exploration license revisions. (2) Applications for explora…

17.24.1101 BONDING: DEFINITIONS For purposes of this rule, the following definitions apply: (1) "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 license…

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 (1) 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 re…

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: (1) a surety bond; or (2) a collateral bond. Authorizing statute(s): 82-4-205, MCA Implementing statute(s): 82-4-223, 82-4-232, 82-4-23…

17.24.1106 BONDING: TERMS AND CONDITIONS OF BOND (1) In addition to the requirements of 82-4-223, MCA, surety bonds must be subject to the following requirements: (a) the department may not accept surety bonds from a surety company for any person, on all permits held by that pers…

17.24.1107 BONDING: INCAPACITY OF SURETY (1) 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…

17.24.1108 BONDING: CERTIFICATES OF DEPOSIT (1) 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 corpora…

17.24.1109 BONDING: LETTERS OF CREDIT (1) Letters of credit are subject to the following conditions: (a) The letter must be issued by a bank organized or authorized to do business in the United States. (b) The letter must be irrevocable prior to a release by the department in acc…

17.24.1110 BONDING: REPLACEMENT OF BOND (1) 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…

17.24.1111 BONDING: BOND RELEASE APPLICATION CONTENTS (1) 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, …

17.24.1112 BONDING: ADVERTISEMENT OF RELEASE APPLICATIONS AND RECEIPT OF OBJECTIONS (1) 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 c…

17.24.1113 BONDING: INSPECTION OF SITE AND PUBLIC HEARING OR INFORMAL CONFERENCE (1) 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 recl…

17.24.1114 BONDING: DEPARTMENTAL REVIEW AND DECISION ON BOND RELEASE APPLICATION (1) The department shall consider, during inspection, evaluation, informal conference, hearing and decision: (a) whether the permittee has met the criteria for release of the bond; (b) the degree of …

17.24.1115 BONDING: HEARING ON BOND RELEASE DECISION (1) 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…

17.24.1116 BONDING: CRITERIA AND SCHEDULE FOR RELEASE OF BOND (1) 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 …

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: (1) send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if applicable, of the department's determin…

17.24.1118 BONDING: EFFECT OF FORFEITURE (1) 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. (2) The department may forfeit any or all bond deposited for an e…

17.24.1119 BONDING: CRITERIA FOR FORFEITURE (1) A bond must be forfeited if the department finds that: (a) the permittee has violated any of the terms or conditions of the bond; (b) the permittee has failed to conduct the strip or underground mining and reclamation operations in …

17.24.1120 BONDING: DETERMINATION OF FORFEITURE AMOUNT The department shall either: (1) 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 ac…

17.24.1121 BONDING: STATE AGENCIES AND POLITICAL SUBDIVISIONS (1) The department may require agencies and political subdivisions of the state to file bonds for prospecting operations other than test pit prospecting operations. (2) Agencies and political subdivisions of the state …

17.24.1122 NOTICE OF ACTION ON COLLATERAL BOND (1) 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 act…

17.24.1125 LIABILITY INSURANCE (1) 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. (2) The policy must be m…

17.24.1129 ANNUAL REPORT (1) 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. (2) The annual report must include: (a) the name and address of the operator and the per…

17.24.1131 PROTECTION OF PARKS, HISTORIC SITES, AND OTHER LANDS (1) 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, …

17.24.1132 AREAS UPON WHICH COAL MINING IS PROHIBITED: DEFINITIONS AND STANDARD FOR MEASUREMENT OF DISTANCES (1) For the purpose of 82-4-227(13) , MCA, the following definitions apply: (a) "valid existing rights" has the same definition as the definition of the term contained in …

17.24.1133 AREAS UPON WHICH COAL MINING IS PROHIBITED: PROCEDURES FOR DETERMINATION (1) 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 operat…

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: (1) the permit author…