Montana Administrative Code

17.24.520 THICK OVERBURDEN AND DISPOSAL OF EXCESS SPOIL Thick overburden occurs where the final spoil thickness exceeds 1.2 times the sum of the overburden thickness and mineral thickness for the entire area to be mined in the permit area. Final spoil thickness is the product of …

17.24.521 TEMPORARY CESSATION OF OPERATIONS Each operator shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary cessation does not relieve an operator of his obl…

17.24.522 PERMANENT CESSATION OF OPERATIONS An operator who permanently ceases strip or underground mining operations in all or part of the permit area, shall close or backfill and otherwise permanently reclaim all affected areas, in accordance with the Act, rules adopted thereun…

17.24.523 COAL FIRES AND COAL CONSERVATION Coal fires in coal processing wastes, storage piles and bins, or unmined or waste coal in mine pits must be extinguished by the operator in accordance with a plan approved by the department and the mine safety and health administration. …

17.24.524 SIGNS AND MARKERS All signs required to be posted by the operator must be of a standard design throughout the operation that can be seen and read easily and must be made of durable material. Signs must not be placed where their visibility is reduced by parked vehicles, …

17.24.601 GENERAL REQUIREMENTS FOR ROAD AND RAILROAD LOOP CONSTRUCTION Roads through permitted areas must not delay or prevent recontouring and revegetation on immediately adjacent spoils, unless otherwise approved by the department for documented and justified reasons related to…

17.24.602 LOCATION OF ROADS AND RAILROAD LOOPS The location of a proposed road or railroad loop must be identified on the site by visible markings prior to the commencement of construction. Construction must not proceed along dry coulees, or intermittent or perennial drainageways…

17.24.603 ROAD AND RAILROAD LOOP EMBANKMENTS After soil is salvaged from embankment areas pursuant to ARM 17.24.701 through 17.24.703, all organic material must be removed from the embankment foundation to increase stability. All material used in embankments must be suitable for …

17.24.604 SOIL REMOVAL IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 82-4-232, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff.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. 2852; REP, 1999 MAR p. 811, Eff. 4/23/99.

17.24.605 HYDROLOGIC IMPACT OF ROADS AND RAILROAD LOOPS Access and haul roads and railroad loops and associated bridges, culverts, ditches, and road rights-of-way must be constructed, maintained, and reclaimed to prevent additional contributions of suspended solids to streamflow,…

17.24.606 SURFACING OF ROADS 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. 2852; REP, 1999 MAR p. 811, Eff. 4/23/99.

17.24.607 MAINTENANCE OF ROADS AND RAILROAD LOOPS All roads must be routinely maintained by means such as, but not limited to, wetting, scraping or surfacing, and replacement of paving materials, such that the required design standards of the roads are met throughout the life of …

17.24.608 IMPACTS OF OTHER TRANSPORT FACILITIES Other transportation facilities within the area of land affected, including railroad spurs, sidings, surface conveyor systems, chutes, aerial tramways, pipelines, powerlines, and other transport facilities must be designed, construc…

17.24.609 OTHER SUPPORT FACILITIES Support facilities, including temporary and mobile facilities, required for, or used incidentally to, the operation of the mine including, but not limited to, mine buildings, rock crushers, coal loading facilities, coal storage facilities, equip…

17.24.610 PERMANENT ROADS Permanent roads approved as a part of the postmining land use must be designed and built to minimize maintenance needs and to provide maximum control of erosion through ditching, seeding, and other appropriate measures approved by the department. Authori…

17.24.621 GENERAL REQUIREMENTS FOR USE OF EXPLOSIVES Each operator shall comply with all applicable state and federal laws in the use of explosives. Blasts that use more than 5 pounds of explosive or blasting agent must be conducted according to the schedule required by ARM 17.24…

17.24.622 PREBLASTING SURVEY At least 30 days before initiation of blasting, the operator shall advise, in writing, all residents or owners of dwellings or other structures within 1/2 mile of the permit area how to request a preblasting survey. Any survey requested more than 10 d…

17.24.623 BLASTING SCHEDULE The operator shall publish a blasting schedule at least ten days, but not more than 20 days, before beginning a blasting program in which blasts that use more than five pounds of explosive or blasting agent are detonated. The blasting schedule must be …

17.24.624 SURFACE BLASTING REQUIREMENTS The department may limit the area covered, timing, and sequence of blasting, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare. All blasting must be conducted between sunrise and su…

17.24.625 SEISMOGRAPH MEASUREMENTS Whenever a seismograph is used to monitor the velocity of ground motion and the peak particle velocity limits of ARM 17.24.624(11) are not exceeded, the equation in ARM 17.24.624(14) need not be used. If that equation is not used by the operator…

17.24.626 RECORDS OF BLASTING OPERATIONS A record of each blast, including seismograph records, must be retained for at least three years and must be available for inspection by the department and the public on request. Blasting records must be complete and accurate at the time o…

17.24.631 GENERAL HYDROLOGY REQUIREMENTS The permittee shall plan and conduct mining and reclamation operations to minimize disturbance to the prevailing hydrologic balance and to prevent material damage to the prevailing hydrologic balance outside the permit area. Changes in wat…

17.24.632 PERMANENT SEALING OF DRILLED HOLES When no longer needed for its intended use as approved by the department and if not transferred as a water well under ARM 17.24.647, each prospecting hole, other drilled hole, borehole, or well must be abandoned according to the proced…

17.24.633 WATER QUALITY PERFORMANCE STANDARDS All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, must be treated by the BTCA before leaving the permit area. Additional BTCA practices may be required after commencemen…

17.24.634 RECLAMATION OF DRAINAGE BASINS Reclaimed drainage basins, including valleys, channels, and floodplains must be constructed to: comply with the postmining topography map required by ARM 17.24.313(1)(d)(iv) and approved by the department; approximate original contour; an …

17.24.635 GENERAL REQUIREMENTS FOR TEMPORARY AND PERMANENT DIVERSION OF OVERLAND FLOW, THROUGH FLOW, SHALLOW GROUND WATER FLOW, EPHEMERAL DRAINAGEWAYS, AND INTERMITTENT AND PERENNIAL STREAMS The department may require or approve a diversion of flow whenever: the purpose is to div…

17.24.636 SPECIAL REQUIREMENTS FOR TEMPORARY DIVERSIONS A temporary diversion must be constructed to pass safely the peak runoff from a precipitation event with a 10-year, 24-hour recurrence interval, or a larger event as specified by the department. If channel lining is required…

17.24.637 SPECIAL REQUIREMENTS FOR PERMANENT DIVERSIONS Permanent diversion structures are defined as those approved by the department to remain after mining. All permanent diversions must meet the requirements of ARM 17.24.634 and 17.24.635. Authorizing statute(s): 82-4-205, MCA…

17.24.638 SEDIMENT CONTROL MEASURES Appropriate sediment control measures must be designed, constructed, and maintained using the BTCA to: prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area; meet the more strin…

17.24.639 SEDIMENTATION PONDS AND OTHER TREATMENT FACILITIES Sedimentation ponds, either temporary or permanent, may be used individually or in series and must: be constructed before any disturbance of an area that will drain into the pond takes place; be located as near as possi…

17.24.640 DISCHARGE STRUCTURES Discharge from sedimentation ponds, impoundments, and diversions must be controlled by vegetation, energy dissipators, riprap channels, and other measures, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, a…

17.24.641 ACID- AND TOXIC-FORMING SPOILS Drainage from acid- and toxic-forming spoil into ground and surface water must be avoided by: identifying, burying, and treating whenever necessary, spoil that, in the judgment of the department, may be detrimental to vegetation or may adv…

17.24.642 PERMANENT IMPOUNDMENTS AND FLOOD CONTROL IMPOUNDMENTS Permanent impoundments are prohibited unless constructed in accordance with ARM 17.24.504 and 17.24.639 and have open-channel spillways that will safely discharge runoff resulting from a 100-year, six-hour precipitat…

17.24.643 GROUND WATER PROTECTION Mining must be conducted to control the effects of drainage from pits, cuts, and other mining activities and disturbances. The permittee shall prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground wate…

17.24.644 PROTECTION OF GROUND WATER RECHARGE The disturbed area must be reclaimed to restore the approximate premining recharge capacity through restoration of the capability of the reclaimed areas as a whole to transmit water to the ground water system. The recharge capacity mu…

17.24.645 GROUND WATER MONITORING Ground water levels, subsurface flow and storage characteristics, and the quality of ground water must be monitored based on information gathered pursuant to ARM 17.24.304 and the monitoring program submitted pursuant to ARM 17.24.314 and in a ma…

17.24.646 SURFACE WATER MONITORING Surface water monitoring must be based on information submitted pursuant to ARM 17.24.304 and must be conducted in accordance with the monitoring program submitted under ARM 17.24.314 and approved by the department. Monitoring must: be adequate …

17.24.647 TRANSFER OF WELLS With prior approval of the department, the permittee may allow the surface owner to use a prospecting well or a monitoring well as a water well. To obtain departmental approval, the surface owner must submit a written request for transfer and evidence …

17.24.648 WATER RIGHTS AND REPLACEMENT The permittee shall replace the water supply of any owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from surface or underground source if such …

17.24.649 DISCHARGE OF WATER INTO UNDERGROUND MINES Surface and ground waters must not be discharged, diverted, or allowed to infiltrate into existing underground mine workings. Authorizing statute(s): 82-4-205, MCA Implementing statute(s): 82-4-231, MCA History: NEW, 1980 MAR p.…

17.24.650 POSTMINING REHABILITATION OF SEDIMENTATION PONDS, DIVERSIONS, IMPOUNDMENTS, AND TREATMENT FACILITIES Before abandoning the permit area, the operator shall renovate all permanent sedimentation ponds, diversions, impoundments, and treatment facilities to meet criteria spe…

17.24.651 STREAM CHANNEL DISTURBANCES AND BUFFER ZONES No land within 100 feet of a perennial stream or intermittent stream or a stream reach with a biological community determined according to (3) may be disturbed by strip or underground mining operations, nor may the stream its…

17.24.652 WELLS AND UNDERGROUND OPENINGS: SAFETY Each prospecting well, other well, and all other exposed underground openings in the permit area must be temporarily sealed before use and temporarily protected during use by barricades, fences, or other protective devices approved…

17.24.701 REMOVAL OF SOIL Prior to any surface disturbance by the mining operation, and after the removal of vegetation that would interfere with soil removal and use, all soil suitable for reclamation use must be removed. Exceptions may be granted if the operator demonstrates to…

17.24.702 REDISTRIBUTION AND STOCKPILING OF SOIL After salvage, soil must be immediately redistributed according to the requirements of (5) and (6) on areas graded to the approved postmining topography. Salvaged soil must be stockpiled if graded areas are not immediately availabl…

17.24.703 SUBSTITUTION OF OTHER MATERIALS FOR SOIL Any application for permit or accompanying reclamation plan that for any reason proposes to use materials other than, or along with, soil and final surfacing of spoil or other disturbances must document problems of soil quantity …

17.24.711 ESTABLISHMENT OF VEGETATION Vegetation must be reestablished in accordance with 82-4-233, MCA. For purposes of that statute, "other constructed features" means discrete man-made features less than two acres in size that are incorporated into reclaimed areas, that have b…

17.24.713 TIMING OF SEEDING AND PLANTING Seeding and planting of disturbed areas must be conducted during the first appropriate period favorable for planting after final seedbed preparation unless a variance is approved by the department. The appropriate period favorable for plan…

17.24.714 SOIL STABILIZING PRACTICES Such practices as seedbed preparation, mulching, or cover cropping must be used on all regraded and resoiled areas to control erosion, to promote germination of seeds, and to increase the moisture retention of the soil until an adequate, perma…

17.24.716 METHOD OF REVEGETATION All revegetation must be in compliance with the approved reclamation plan and carried out in a manner that encourages prompt vegetation establishment. Revegetation must be accomplished by drill or broadcast seeding, by seedling transplants, by est…