Montana Administrative Code

17.24.1810 CONTENTS OF APPLICATION: MINE SITE LOCATION INFORMATION The preparatory work site and proposed facilities shall be described in narrative form and located on the mine site permit map. The narrative shall categorize each disturbance as to specific purpose, disturbance m…

17.24.1815 PERFORMANCE STANDARDS The operator shall: bury under adequate fill all toxic materials, shale, mineral, or other material determined by the department to be acid producing, toxic, undesirable or creating a hazard. Burial depth should be selected to prevent contact with…

17.24.1816 RECLAMATION PLAN: ADDITIONAL SPECIFIC REQUIREMENTS The applicant shall submit construction and reclamation plans for all intended preparatory work. Such plans shall be capable of meeting all applicable requirements which would be included in an application for permit u…

17.24.1817 WATER QUALITY: OTHER LAWS, NONDEGRADATION Waters within the public domain of the state that possess a quality higher than established standards shall be maintained at their present high quality consistent with the powers granted to the board. All operators shall comply…

17.24.1818 WATER QUALITY: IMPOUNDMENT Treatment facilities in sufficient size and number consisting of but not limited to collection basins, water retarding structures and siltation dams shall be constructed with prior approval of the department. All such facilities shall be cons…

17.24.1819 WATER QUALITY: TREATMENT The operator shall by the treatment of all water leaving the mine site location prevent the drainage into the waters of the state drainage from any source, the pH of which is less than 6.0 or greater than 9.0, or which contains a concentration …

17.24.182 (INTERPRETIVE RULE) OPERATIONAL RECOMMENDATIONS FOR SMALL MINERS In order for SMES placer and dredge operators to meet the requirements of 82-4-305 (1) , MCA, which requires that the small miner agree in writing not to pollute or contaminate any stream, the department r…

17.24.1820 WATER QUALITY: DRAINAGE All surface water which might damage regraded slopes shall be intercepted on the uphill side of the slope or other mine site perimeters by diversion ditches and conveyed by stable channels or other means to natural or prepared watercourses outsi…

17.24.1824 TOPSOILING All suitable topsoiling materials, as approved by the department, shall be removed from the mine site location area before significant disturbance occurs. Removal shall precede each step of the construction operation. The operator shall indicate in the recla…

17.24.1825 PLANTING AND REVEGETATION A suitable permanent diverse primarily native vegetative cover capable of meeting the criteria set forth in 82-4-233, MCA, shall be established on all areas of lands affected except traveled portions of railroad loops and roadways, areas of au…

17.24.1826 FORMS Forms necessary for compliance with the Montana Strip Mine Siting Act will be available at the Department of Environmental Quality, PO Box 200901, Helena, MT 59601. Authorizing statute(s): 82-4-112, MCA Implementing statute(s): 82-4-125, MCA History: NEW, Eff. 4/…

17.24.183 COMPARABLE UTILITY AND STABILITY OF RECLAIMED AREAS--STANDARDS FOR BOND RELEASE FOR SMALL MINERS In order for the department to release bond, the area must be reclaimed to a postmining land form and land use that are at least comparable to that of adjacent areas. Reclam…

17.24.184 SMALL MINER BOND FORFEITURE AND SMES REVOCATION If a small miner who conducts a placer or dredge operation fails to commence reclamation within six months after cessation of mining or within an extended period allowed by the department for good cause shown pursuant to (…

17.24.185 SMALL MINER METAL LEACHING SOLVENT OR REAGENT APPLICATIONS A small miner proposing to operate cyanide or other metal leaching solvents or reagents in a processing facility and mine under a small miner exemption must continue to meet the criteria for a small miner exempt…

17.24.186 SMALL MINER METAL LEACHING SOLVENT OR REAGENT BASELINE INFORMATION An application for a small miner cyanide or other metal leaching solvent or reagent processing facility permit must include the following baseline information on the existing conditions at the site: a ma…

17.24.187 SMALL MINER METAL LEACHING SOLVENT OR REAGENT OPERATING PLANS An application for a small miner cyanide or other metal leaching solvent or reagent processing facility permit must include the following information for construction and operation of the facility: appropriat…

17.24.188 SMALL MINER METAL LEACHING SOLVENT OR REAGENT RECLAMATION PLANS An application for a small miner cyanide or other metal leaching solvent or reagent ore processing permit must contain a reclamation plan that includes the following: the postmine land use; a reclamation ti…

17.24.189 SMALL MINER METAL LEACHING SOLVENT OR REAGENT PROCESSING FACILITIES PERFORMANCE STANDARDS AND BONDING The small miner shall notify the department of completion dates for each of the following phases of construction, and the department shall inspect and file a report on …

17.24.201 APPLICABILITY This subchapter applies to opencut operations as provided in the Opencut Mining Act (Title 82, chapter 4, part 4, MCA, hereinafter referred to as "the Act"). An operator conducting opencut operations must comply with the provisions of a contract or permit …

17.24.202 DEFINITIONS When used in this subchapter, unless a different meaning clearly appears from the context, the following definitions apply: "Access road" means an existing or proposed non-public road that connects an opencut operation to a public road or highway. The term i…

17.24.203 BOND OR OTHER SECURITY An application for a permit by a non-government operator must be accompanied by a bond or other security acceptable to the department under 82-4-433, MCA, and this subchapter. The department may adjust the amount of the bond or other security leve…

17.24.204 SITE INFORMATION IS REPEALED Authorizing statute(s): 82-4-422, MCA Implementing statute(s): 82-4-432, 82-4-434, MCA History: NEW, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; REP, 2004 MAR p. 317, Eff. 2/13/04.

17.24.205 MINING AND RECLAMATION PLAN IS REPEALED Authorizing statute(s): 82-4-422, MCA Implementing statute(s): 82-4-432, 82-4-434, MCA History: NEW, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; REP, 2004 MAR p. 317, Eff. 2/13/04.

17.24.206 LANDOWNER CONSULTATION An application for a permit or for an amendment to add acreage, for an asphalt or concrete plant, to change postmining land use, or to extend the reclamation date must demonstrate that the applicant consulted with the landowner about the proposed …

17.24.207 ADDITIONAL REQUIREMENTS FOR BENTONITE MINES In addition to the requirements imposed by ARM 17.24.203, 17.24.206, and 17.24.218 through 17.24.222, the department may require the following information as part of the plan of operation for a bentonite mining operation: an a…

17.24.208 ADDITIONAL REQUIREMENTS FOR SOIL MINES In addition to the requirements imposed by ARM 17.24.203, 17.24.206, and 17.24.218 through 17.24.222, the operator must submit, as part of the application for soil mining, soil and overburden characterization and handling sections …

17.24.212 REVIEW OF AN APPLICATION Upon receipt of an application to conduct opencut operations and within the time limits provided in 82-4-432, MCA, the department shall evaluate the application to determine if the requirements of the Act and this subchapter are satisfied. Excep…

17.24.213 AMENDMENT OF PERMITS An operator may apply for an amendment to its permit by submitting an application on a form provided by the department. Upon receipt of an amendment application and within the time limits provided in 82-4-432, MCA, the department shall evaluate the …

17.24.214 ANNUAL PRODUCTION REPORT An operator shall submit one annual production report that addresses all opencut operations during the previous calendar year to the department on or before March 1 of each year. The annual production report must be submitted electronically or o…

17.24.215 PENALTIES IS REPEALED Authorizing statute(s): 82-4-422, MCA Implementing statute(s): 82-4-434, 82-4-435, 82-4-441, MCA History: NEW, Eff. 9/5/73; AMD, Eff. 11/4/74; AMD, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; REP, 2004 MAR p. 317, Eff. 2/13/04…

17.24.216 GENERAL APPLICATION CONTENT AND PROCEDURES (REPEALED) Authorizing statute(s): 82-4-422, MCA Implementing statute(s): 82-4-402, 82-4-422, 82-4-431, 82-4-432, MCA History: NEW, 2004 MAR p. 317, Eff. 2/13/04; REP, 2016 MAR p. 513, Eff. 3/19/16.

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…