Montana Administrative Code

17.24.1802 APPLICABILITY DETERMINATION (1) All non-existing or non-operating mines at the time of passage of Title 82, chapter 4, part 1, MCA, (Strip Mine Siting Act) from which 10,000 cubic yards of mineral or overburden will be removed are subject to the Act. (2) A person curre…

17.24.1803 APPLICATION FOR PERMIT: GENERAL REQUIREMENTS AND PROCEDURES (1) If desired by the applicant, meetings with departmental staff may be arranged prior to formal permit application. Such meetings would provide further information and clarify guidelines to be used in prepar…

17.24.1804 CONTENTS OF APPLICATION: MAP A current 7.5 minute USGS "topographic" map shall be submitted in all cases where a map depicting surface conditions is required. If a USGS topographic map is unavailable an equivalent will be acceptable. The map or maps submitted shall cle…

17.24.1805 CONTENTS OF APPLICATION: COMPLIANCE INFORMATION Each application shall contain the following information: (1) the names and addresses of the owners of record of the surface of the area of land to be affected during the life of the proposed mining operation and the owne…

17.24.1806 CONTENTS OF APPLICATION: MINERAL AND OVERBURDEN INFORMATION (1) The applicant shall provide to the department information, data, maps, analyses and test logs from the proposed mining area for a preliminary review of mineral and overburden characteristics. Drilling shal…

17.24.1807 CONTENTS OF APPLICATION: STUDIES AND INVENTORIES The applicant shall submit, as a minimum: (1) overburden analyses capable of meeting the requirements of Title 82, chapter 4, part 2, MCA, pursuant rules and regulations and current departmental guidelines; (2) mineral a…

17.24.1808 CONTENTS OF APPLICATION: BLASTING INFORMATION (1) The applicant shall provide to the department a detailed narrative of proposed blasting methods that will be performed in conjunction with the proposed mining area operation. The applicant shall detail all other phases …

17.24.1809 CONTENTS OF APPLICATION: MINING AND RECLAMATION PLANS The applicant shall also provide to the department a general mining and reclamation plan for the proposed mining operation. These plans shall, as a minimum, include the following topical discussions: (1) a mining pl…

17.24.181 SMALL MINER – EXCLUSION AND PLACER AND DREDGE BONDING (1) Except as provided in 82-4-305(3) through (12), MCA, the Act does not apply to a small miner if a small miner annually submits to the department: (a) an administrative fee in accordance with 82-4-305(1), MCA; and…

17.24.1810 CONTENTS OF APPLICATION: MINE SITE LOCATION INFORMATION (1) 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, disturban…

17.24.1815 PERFORMANCE STANDARDS The operator shall: (1) 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 …

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 (1) 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. (2) All operators shal…

17.24.1818 WATER QUALITY: IMPOUNDMENT (1) 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 …

17.24.1819 WATER QUALITY: TREATMENT (1) 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 concentrat…

17.24.182 (INTERPRETIVE RULE) OPERATIONAL RECOMMENDATIONS FOR SMALL MINERS (REPEALED) (REPEALED) Authorizing statute(s): This rule is advisory only, but may be a correct interpretation of the law, 82-4-321, MCA Implementing statute(s): 82-4-305(1), (3), (4), and (5), MCA History:…

17.24.1820 WATER QUALITY: DRAINAGE (1) 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 o…

17.24.1824 TOPSOILING (1) 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 r…

17.24.1825 PLANTING AND REVEGETATION (1) 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 o…

17.24.1826 FORMS (1) 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…

17.24.183 COMPARABLE UTILITY AND STABILITY OF RECLAIMED AREAS--STANDARDS FOR BOND RELEASE FOR SMALL MINERS (1) 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. Re…

17.24.184 SMALL MINER BOND FORFEITURE AND SMES REVOCATION (1) 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 …

17.24.185 SMALL MINER METAL LEACHING SOLVENT OR REAGENT APPLICATIONS (1) 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 ex…

17.24.186 SMALL MINER METAL LEACHING SOLVENT OR REAGENT BASELINE INFORMATION (1) 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: …

17.24.187 SMALL MINER METAL LEACHING SOLVENT OR REAGENT OPERATING PLANS (1) 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: (a) ap…

17.24.188 SMALL MINER METAL LEACHING SOLVENT OR REAGENT RECLAMATION PLANS (1) 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: (a) the postmine land use; (b) a re…

17.24.189 SMALL MINER METAL LEACHING SOLVENT OR REAGENT PROCESSING FACILITIES PERFORMANCE STANDARDS AND BONDING (1) 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…

17.24.1901 DEFINITIONS As used in this subchapter, the following definitions apply: (1) “Abandoned mine lands” or “AML” means lands and waters, including associated watersheds, where extraction, beneficiation, or processing of ores or minerals occurred at coal mining operations a…

17.24.1902 ABANDONED MINE LAND CATEGORICAL EXCLUSION (1) The following AML projects conducted by the department or its contractors are determined by the department under Title 75, chapter 1, MCA, to be categorical exclusions that do not individually, collectively, or cumulatively…

17.24.201 APPLICABILITY (1) 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"). (2) An operator conducting opencut operations must comply with the provisions of a contract or…

17.24.202 DEFINITIONS When used in this subchapter, unless a different meaning clearly appears from the context, the following definitions apply: (1) "Access road" means an existing or proposed non-public road that connects an opencut operation to a public road or highway. The te…

17.24.203 BOND OR OTHER SECURITY (1) 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. (2) The department may adjust the amount of the bond or other secur…

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 (1) 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 propo…

17.24.207 ADDITIONAL REQUIREMENTS FOR BENTONITE MINES (1) 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: …

17.24.208 ADDITIONAL REQUIREMENTS FOR SOIL MINES (1) 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 secti…

17.24.212 REVIEW OF AN APPLICATION (1) 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. (…

17.24.213 AMENDMENT OF PERMITS (1) 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 …

17.24.214 ANNUAL PRODUCTION REPORT (1) 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. (2) The annual production report must be submitted electronica…

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 (1) An application for a standard permit or standard permit amendment requires a plan of operation that complies with 82-4-4…

17.24.219 PLAN OF OPERATION, RECLAMATION PLAN, AND PERFORMANCE STANDARDS (1) 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 …

17.24.220 RECLAMATION BOND CALCULATION (1) For all permits and amendments, a proposed reclamation bond calculation must be submitted on 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 esti…

17.24.221 PLAN OF OPERATION--MAPS (1) For a standard permit or standard permit amendment, a plan of operation 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. E…