Montana Administrative Code

17.24.310 BLASTING PLAN 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 following…

17.24.311 AIR POLLUTION CONTROL PLAN 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: an air quality monitoring program to provide …

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

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

17.24.314 PLAN FOR PROTECTION OF THE HYDROLOGIC BALANCE 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 the…

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

17.24.316 STRIP OR UNDERGROUND MINING NEAR UNDERGROUND MINING 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 wit…

17.24.317 DIVERSIONS 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. Authoriz…

17.24.318 PROTECTION OF PUBLIC PARKS AND HISTORIC PLACES 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 min…

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 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 geot…

17.24.321 TRANSPORTATION FACILITIES PLAN 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 constru…

17.24.322 GEOLOGIC INFORMATION AND COAL CONSERVATION PLAN 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. The plan must include: the results of all test borings, evaluations, obse…

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 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: the soil su…

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

17.24.326 AUGER MINING: SPECIAL APPLICATION REQUIREMENTS 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 17.24.…

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

17.24.401 FILING OF APPLICATION AND NOTICE 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 an …

17.24.402 SUBMISSION OF COMMENTS AND WRITTEN OBJECTIONS 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 areas of …

17.24.403 INFORMAL CONFERENCE 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 that th…

17.24.404 REVIEW OF APPLICATION 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 determinat…

17.24.405 FINDINGS AND NOTICE OF DECISION 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 75-1-208…

17.24.406 IMPROVIDENTLY ISSUED PERMITS: GENERAL PROCEDURES 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 the d…

17.24.407 IMPROVIDENTLY ISSUED PERMITS: REVOCATION 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 fin…

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

17.24.413 CONDITIONS OF PERMIT The following conditions accompany the issuance of each permit: 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 application as ap…

17.24.414 REVIEW OF EXISTING PERMITS 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. After this review, the department may, by order, require reasonable revision or modifi…

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

17.24.416 PERMIT RENEWAL 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 statement of the name an…

17.24.417 PERMIT AMENDMENT 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 statute(…

17.24.418 TRANSFER OF PERMITS No transfer or assignment of any permit may be made without the prior written approval of the department. The department may not approve any transfer or assignment of any permit unless the potential transferee or assignee: obtains the performance bon…

17.24.425 ADMINISTRATIVE REVIEW 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, permit…

17.24.426 RECORDS RETENTION 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 Titl…

17.24.427 CHANGE OF CONTRACTOR 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 17.24…

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

17.24.501A FINAL GRADING REQUIREMENTS IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 82-4-232, 82-4-234, MCA History: NEW, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 3042; REP, 1999 MAR p.…

17.24.502 CUT-AND-FILL TERRACES On approval by the department, in order to conserve soil moisture, ensure stability, and control erosion on final graded slopes, cut-and-fill terraces may be allowed if the terraces are compatible with the approved postmining land use and are appro…

17.24.503 SMALL DEPRESSIONS The requirement to achieve approximate original contour does not prohibit construction of small depressions if they are approved by the department to minimize erosion, conserve soil moisture, or promote vegetation or wildlife use. These depressions mus…

17.24.504 PERMANENT IMPOUNDMENTS Permanent impoundments meeting the requirements of ARM 17.24.642 may be retained in mined and reclaimed areas, provided all highwalls are eliminated by grading to appropriate contours and the provisions for postmining land use and protection of th…

17.24.505 BURIAL AND TREATMENT OF EXPOSED MINERAL SEAMS AND WASTE MATERIALS All exposed mineral seams remaining after mining must be covered with a minimum of 4 feet of the best available non-toxic and non-combustible material, unless otherwise approved by the department upon dem…

17.24.507 STORAGE AND FINAL DISPOSAL OF GARBAGE AND OTHER DEBRIS Garbage and other debris including, but not limited to, grease, lubricants, paints, flammable liquids, trash, abandoned mining machinery, lumber and other combustibles generated during mining activities must be plac…

17.24.510 DISPOSAL OF OFFSITE-GENERATED WASTE AND FLY ASH Before waste materials or fly ash from a coal preparation or conversion facility or from other activities conducted outside the permit area such as municipal waste collection may be used for fill material or other purpose …

17.24.514 CONTOURING IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 82-4-232, 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, 1999 MAR p. 811, Eff. 4/23/99.

17.24.515 HIGHWALL REDUCTION Highwalls must be eliminated and the reduced highwall slope must be no greater than whatever slope is necessary to achieve a minimum long-term static safety factor of 1.3. The department may specify a lesser slope whenever necessary to achieve postmin…

17.24.516 ADJACENT STRIP AND UNDERGROUND MINING OPERATIONS An operator who conducts a strip or underground mining operation adjacent to any active or abandoned underground mining operation, must comply with the following: A 500-foot barrier pillar of coal must be maintained betwe…

17.24.517 SLIDES AND OTHER DAMAGE An undisturbed natural barrier, as approved by the department, must be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the department as is needed t…

17.24.518 BUFFER ZONES All mining activities, including highwall reduction and related reclamation, must cease at least 100 feet from a property line, permanent structure, unmineable or unreclaimable steep or precipitous terrain, or any area determined by the department to be of …

17.24.519 MONITORING FOR SETTLEMENT The department may require the operator to monitor settling of regraded areas. The results of these studies may be used to alter reclamation, spoiling and grading techniques to alleviate uneven settling problems on future areas to be mined. Aut…

17.24.519A THICK OVERBURDEN AND EXCESS SPOIL IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 82-4-232, MCA History: NEW, 1989 MAR p. 399, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 3042; REP, 1999 MAR p. 8…