Montana Administrative Code

17.24.225 PERMIT COMPLIANCE (1) An operator shall comply with the provisions of its permit, this subchapter, and the Act. (2) 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 p…

17.24.226 ADMINISTRATIVE REQUIREMENTS FOR LIMITED OPENCUT OPERATIONS (1) 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 pe…

17.24.227 SURFACE WATER SETBACK REQUIREMENTS (1) Dryland opencut mining operations must: (a) not affect surface water, including but not limited to, perennial or intermittent streams; (b) have a permit boundary that is a minimum of 50 feet from the edge of the high water mark of …

17.24.228 REQUIREMENTS FOR DRYLAND PERMIT APPLICATIONS AND RECLAMATION (1) Dryland permits must meet all the application requirements of 82-4-432(14), MCA. (2) Before submitting a dryland permit application, an operator must provide public notice. The applicant must: (a) post not…

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: (1) "Abandoned" is defined in 82-4-203, MCA. (2) "Acid drainage" means water with a pH of less than 6.0 and in w…

17.24.302 FORMAT, DATA COLLECTION, AND SUPPLEMENTAL INFORMATION (1) 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 ot…

17.24.303 LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION (1) Each application must contain, in any format prescribed by the department, the following information: (a) the name, permanent and temporary post office addresses, telephone numbers, and, as applicable, social sec…

17.24.304 BASELINE INFORMATION: ENVIRONMENTAL RESOURCES (1) The following environmental resources information must also be included as part of an application for a strip or underground mining permit: (a) the size, sequence, and timing of the subareas of the mine plan area for whi…

17.24.305 MAPS (1) The application must contain maps including the following information: (a) 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; (b) the owners…

17.24.306 BASELINE INFORMATION: PRIME FARMLAND INVESTIGATION (1) 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 ar…

17.24.308 OPERATIONS PLAN (1) 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) a narrative description of the type and method of mining procedures and proposed engineerin…

17.24.310 BLASTING PLAN (1) Each application must contain a blasting plan for the proposed permit area. The plan must explain how the applicant intends to comply with the requirements of ARM 17.24.621 through 17.24.626 and 17.24.1260 through 17.24.1263, and must include the follo…

17.24.311 AIR POLLUTION CONTROL PLAN (1) For all strip mining operations with projected production rates exceeding 1,000,000 tons of mineral per year, the application must contain an air pollution control plan that includes the following: (a) an air quality monitoring program to …

17.24.312 FISH AND WILDLIFE PLAN (1) Each application must contain a fish and wildlife plan, consistent with ARM 17.24.751 that provides: (a) a description of how the plan will minimize disturbances and adverse impacts on fish, wildlife, and related environmental values during mi…

17.24.313 RECLAMATION PLAN (1) Each reclamation plan must contain a description of the reclamation operations proposed, including the following information: (a) the proposed postmining land use pursuant to ARM 17.24.762; (b) a detailed timetable for the estimated completion of ea…

17.24.314 PLAN FOR PROTECTION OF THE HYDROLOGIC BALANCE (1) Each permit application must contain a detailed description, supported by appropriate maps, data, and other graphics, of the measures to be taken during and after the proposed mining activities to minimize disturbance of…

17.24.315 PLAN FOR PONDS AND EMBANKMENTS (1) Each application must include a general plan for each proposed sedimentation pond and water impoundment within the proposed mine plan areas. (a) Each general plan must: (i) be prepared by, or under the direction of, and certified by a …

17.24.316 STRIP OR UNDERGROUND MINING NEAR UNDERGROUND MINING (1) For strip or underground mining operations within the proposed permit area to be conducted within 500 feet of an active or abandoned underground mine, the application must describe the measures to be used to comply…

17.24.317 DIVERSIONS (1) Each application must contain descriptions, including maps and cross-sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with the Act and ARM 17.24.635 through 17.24.637. Auth…

17.24.318 PROTECTION OF PUBLIC PARKS AND HISTORIC PLACES (1) For any public parks, historic places, or other significant cultural resources identified in ARM 17.24.304(2) that may be adversely affected by the proposed operations, each plan must describe the measures to be used to…

17.24.319 RELOCATION OR USE OF PUBLIC ROADS Each application must describe, with appropriate maps and cross-sections or other proof required by the department, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under ARM 1…

17.24.320 PLANS FOR DISPOSAL OF EXCESS SPOIL (1) Each application must contain descriptions, including appropriate maps and cross-section drawings, of the proposed disposal site and design of the spoil disposal structures according to ARM 17.24.520. These plans must describe the …

17.24.321 TRANSPORTATION FACILITIES PLAN (1) Each application must contain a description of each road, conveyor, and railroad loop to be constructed, used, or maintained within the proposed permit area. The description must include the following as appropriate for the type of con…

17.24.322 GEOLOGIC INFORMATION AND COAL CONSERVATION PLAN (1) An application for a permit to mine coal must include a coal conservation plan to allow determination of whether failure to conserve coal may occur. (2) The plan must include: (a) the results of all test borings, evalu…

17.24.323 GRAZING PLAN IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 82-4-222, 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.

17.24.324 PRIME FARMLANDS: SPECIAL APPLICATION REQUIREMENTS (1) If land within the proposed permit area is identified as prime farmland under ARM 17.24.306, the applicant shall submit a plan for the mining and restoration of the land. Each plan must contain the following: (a) the…

17.24.325 COAL MINING OPERATIONS ON AREAS OR ADJACENT TO AREAS INCLUDING ALLUVIAL VALLEY FLOORS: SPECIAL APPLICATION REQUIREMENTS (1) This rule applies to each applicant who conducts or intends to conduct coal mining and reclamation operations in, adjacent to or under a valley ho…

17.24.326 AUGER MINING: SPECIAL APPLICATION REQUIREMENTS (1) Any application for a permit for operations using auger mining methods must contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with ARM 17…

17.24.327 COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED WITHIN A MINE PERMIT AREA: SPECIAL APPLICATION REQUIREMENTS (1) This rule applies to any person who intends to operate a coal preparation plant, processing plant or support facility not located within a permit ar…

17.24.401 FILING OF APPLICATION AND NOTICE (1) An applicant for an operating permit, a test pit prospecting permit, a renewal of an operating permit or test pit prospecting permit, a major revision to an operating permit or test pit prospecting permit, or an amendment (other than…

17.24.402 SUBMISSION OF COMMENTS AND WRITTEN OBJECTIONS (1) (a) The governmental entities specified in ARM 17.24.401(5)(b) may file written comments on applications with the department with respect to the effects of the proposed mining operations on the environment within their a…

17.24.403 INFORMAL CONFERENCE (1) Any person whose interests are or may be adversely affected by the decision on an application submitted pursuant to ARM 17.24.401(1) or the officer or head of any federal, state or local government agency or authority may, in writing, request tha…

17.24.404 REVIEW OF APPLICATION (1) The department shall review each administratively complete application, written comments, written objections submitted, and records of any informal conference held and determine the acceptability of the application within 120 days of its determ…

17.24.405 FINDINGS AND NOTICE OF DECISION (1) The department shall prepare written findings approving or denying an application filed pursuant to ARM 17.24.401(1) in whole or in part no later than 45 days from the date of the acceptability determination except as provided by 75-1…

17.24.406 IMPROVIDENTLY ISSUED PERMITS: GENERAL PROCEDURES (1) If the department determines that it has reason to believe it improvidently issued an operating permit, it shall review the circumstances under which the permit was issued, using the criteria in (2) of this rule. If t…

17.24.407 IMPROVIDENTLY ISSUED PERMITS: REVOCATION (1) If the department, pursuant to ARM 17.24.406(3)(d) , elects to revoke an improvidently issued permit, it shall serve on the permittee a notice of proposed suspension and revocation. The notice must include the reasons for the…

17.24.412 EXTENSION OF TIME TO COMMENCE MINING (1) The department shall specifically set forth in the permit any extension of the three-year limitation granted pursuant to 82-4-221(1), MCA. (2) A request pursuant to 82-4-221(1), MCA, for extension of time to commence mining is su…

17.24.413 CONDITIONS OF PERMIT (1) The following conditions accompany the issuance of each permit: (a) Except to the extent that the department otherwise directs in the permit that specific actions be taken, the permittee shall conduct all operations as described in the applicati…

17.24.414 REVIEW OF EXISTING PERMITS (1) The department shall review each operating permit issued during the term of the permit. This review must occur not later than the middle of the permit term. (2) After this review, the department may, by order, require reasonable revision o…

17.24.415 PERMIT REVISIONS (1) An application for revision to a permit must be submitted for departmental review: (a) for any proposed change(s) in the operation as described in the original permit and subsequent revisions thereof; or (b) when required under ARM 17.24.414. (2) Th…

17.24.416 PERMIT RENEWAL (1) Applications for renewals of a permit must be made at least 240, but not more than 300 days prior to the expiration date. Renewal applications must be on a form provided by the department, including, at a minimum, the following: (a) a statement of the…

17.24.417 PERMIT AMENDMENT (1) Any application to amend the permit by adding acreage, other than an incidental boundary revision, is subject to the same application, notice, and hearing requirements as an application for a new permit as required by 82-4-225, MCA. Authorizing stat…

17.24.418 TRANSFER OF PERMITS (1) No transfer or assignment of any permit may be made without the prior written approval of the department. (2) The department may not approve any transfer or assignment of any permit unless the potential transferee or assignee: (a) obtains the per…

17.24.425 ADMINISTRATIVE REVIEW (1) Within 30 days after the applicant or permittee is notified of the final decision of the department concerning the application submitted pursuant to ARM 17.24.401, or an application for transfer, sale, or assignment of rights, the applicant, pe…

17.24.426 RECORDS RETENTION (1) Copies of all records, reports, maps, or other documents submitted to or generated by the department under the Act and rules must be made available to the public for at least five years after bond release and must be disposed of in accordance with …

17.24.427 CHANGE OF CONTRACTOR (1) The permittee shall notify the department of a proposed new contractor or any proposed change in a contractor responsible for day-to-day operations at a permit area. When such a change is proposed without transfer of the permit pursuant to ARM 1…

17.24.501 GENERAL BACKFILLING AND GRADING REQUIREMENTS (1) Backfilling and grading of the disturbed area must be completed prior to removal of necessary reclamation equipment from the area of operation. (2) Overburden and parting materials which are not conducive to revegetation …