Montana Administrative Code

17.24.717 PLANTING OF TREES AND SHRUBS Tree or shrub species necessary to meet the approved postmining land use must be adapted for local site conditions and climate. Trees and shrubs must be planted in combination with herbaceous species as necessary to achieve the postmining la…

17.24.718 SOIL AMENDMENTS, MANAGEMENT TECHNIQUES, AND LAND USE PRACTICES Soil amendments must be used as necessary to supplement the soil and to aid in the establishment of a permanent vegetative cover as specified in the approved reclamation plan or as later deemed necessary by …

17.24.719 LIVESTOCK GRAZING IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-233, 82-4-235, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff.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.…

17.24.720 ANNUAL INSPECTIONS FOR REVEGETATED AREAS IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-233, 82-4-235, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff.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.…

17.24.721 ERADICATION OF RILLS AND GULLIES When rills or gullies form in areas that have been regraded and resoiled, the rills or gullies must be filled, graded, or otherwise stabilized and the area reseeded or replanted if rills or gullies are: disrupting the approved postmining…

17.24.723 MONITORING The operator shall conduct periodic vegetation, soils, and wildlife monitoring under plans submitted pursuant to ARM 17.24.312(1)(d) and 17.24.313(1)(g) and (h) and the approved postmining land use as approved by the department. The data and a narrative inter…

17.24.724 REVEGETATION SUCCESS CRITERIA Success of revegetation must be determined by comparison with unmined reference areas or by comparison with technical standards. Reference areas and standards must be representative of vegetation and related site characteristics occurring o…

17.24.725 PERIOD OF RESPONSIBILITY Except as provided in 82-4-235(4), MCA, et seq., the minimum period of responsibility for reestablishing vegetation begins after the last seeding, planting, fertilizing, irrigating, or other activity related to phase III reclamation as determine…

17.24.726 VEGETATION MEASUREMENTS Standard, consistent, and statistically valid field and laboratory methods must be used to obtain and evaluate vegetation data consistent with 82-4-233 and 82-4-235, MCA, and to compare revegetated area data with reference area data and/or with t…

17.24.728 COMPOSITION OF VEGETATION IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-233, 82-4-235, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1990 MAR p. 964, Eff. 5/18/90; TRANS, from DSL, 1996 MAR p. 3042; AMD, 1999 MAR p. 811, Eff. 4/2…

17.24.730 SEASON OF USE IS REPEALED Authorizing statute(s): 82-4-204, MCA History: 82-4-233, 82-4-235, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1990 MAR p. 964, Eff. 5/18/90; TRANS, from DSL, 1996 MAR p. 2852; REP, 2004 MAR p. 2548, Eff. 10/22/04.

17.24.731 ANALYSIS FOR TOXICITY Where toxicity to plants or animals is suspected due to the effects of disturbance, the department may require comparative chemical analyses of the plants or animals, or both, on the revegetated area and the reference area. Alternatively, the depar…

17.24.732 VEGETATION REQUIREMENTS FOR PREVIOUSLY CROPPED AREAS IS REPEALED Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-233, 82-4-235, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1990 MAR p. 964, Eff. 5/18/90; TRANS, from DSL, 1996 MAR p. 2852; REP…

17.24.733 MEASUREMENT STANDARDS FOR TREES, SHRUBS, AND HALF-SHRUBS IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 82-4-233, 82-4-235, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1990 MAR p. 964, Eff. 5/18/90; TRANS, from DSL, 1996 MA…

17.24.751 PROTECTION AND ENHANCEMENT OF FISH, WILDLIFE, AND RELATED ENVIRONMENTAL VALUES No surface or underground mining operation may be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the secretary of the interior o…

17.24.761 AIR RESOURCES PROTECTION Each operator shall employ fugitive dust control measures as an integral part of site preparation, coal mining and reclamation operations in accordance with 82-4-231(10)(m), MCA, the operator's air quality permit, and applicable federal and stat…

17.24.762 POSTMINING LAND USE The postmining land use must satisfy 82-4-203(28) and 82-4-232(7), MCA. In applying 82-4-232(7), MCA, the following principles apply: The premining uses of the land to which the postmining land use is compared are those that the land previously suppo…

17.24.763 COAL CONSERVATION (REPEALED) Authorizing statute(s): 82-4-204, MCA Implementing statute(s): 82-4-231, 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, 2012 MAR p. 737, Eff. 4/13/12.

17.24.764 CROPLAND RECLAMATION The department may not approve a postmining land use of cropland unless the following criteria are met: prior to mining, all soils within the proposed cropland reclamation area must have been at least capability class IV, based on U.S. natural resou…

17.24.801 ALLUVIAL VALLEY FLOORS: PRESERVATION OF ESSENTIAL HYDROLOGIC FUNCTIONS AND PROTECTION OF FARMING Strip or underground coal mining operations must be conducted to preserve, throughout the mining and reclamation process, the essential hydrologic functions of alluvial vall…

17.24.802 ALLUVIAL VALLEY FLOOR: PROTECTION OF FARMING AND PREVENTION OF MATERIAL DAMAGE Strip or underground coal mining operations must not interrupt, discontinue, or preclude farming on alluvial valley floors, unless: the premining land type is undeveloped rangeland that is no…

17.24.804 ALLUVIAL VALLEY FLOORS: MONITORING An environmental monitoring system must be installed, maintained and operated by the permittee on all alluvial valley floors during strip or underground coal mining and reclamation operations and continued until all bonds are released …

17.24.805 ALLUVIAL VALLEY FLOORS: SIGNIFICANCE DETERMINATION The significance of the impact of the proposed operations on farming is based on the relative importance of the vegetation and water of the grazed or hayed alluvial valley floor area to the farm's production, or any mor…

17.24.806 ALLUVIAL VALLEY FLOORS: MATERIAL DAMAGE DETERMINATION Criteria for determining whether a strip or under-ground coal mining operation will materially damage the quantity or quality of waters include, but are not limited to: potential increases in the concentration of tot…

17.24.811 PRIME FARMLAND: SOIL HANDLING Operators who disturb prime farmlands shall comply with applicable performance standards of ARM 17.24.701 through 17.24.703. Prime farmland soil removal and stockpiling operations must be conducted in compliance with 82-4-23(3)(a) and (b), …

17.24.815 PRIME FARMLAND: REVEGETATION Each operator who conducts strip or underground mining operations on prime farmland shall, within the area identified as prime farmland before disturbance: if the approved postmining land use is not cropland: randomly establish test plots th…

17.24.821 ALTERNATIVE POSTMINING LAND USES: SUBMISSION OF PLAN An operator may propose to the department a plan for a higher or better use as an alternative postmining land use pursuant to 82-4-232(7) and (8) , MCA. With appropriate maps, narrative, and other materials, the plan …

17.24.823 ALTERNATIVE POSTMINING LAND USES: APPROVAL OF PLAN The department may approve a proposed alternative postmining land use if all of the following criteria are met: the requirements of 82-4-232(8) and (9), MCA; the proposed postmining land use is compatible, where applica…

17.24.824 ALTERNATE RECLAMATION: ALTERNATE POSTMINING LAND USES IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 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…

17.24.825 ALTERNATE RECLAMATION: ALTERNATE REVEGETATION IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 82-4-233, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, f…

17.24.826 ALTERNATE RECLAMATION: PERIOD OF RESPONSIBILITY FOR ALTERNATE REVEGETATION IS REPEALED Authorizing statute(s): 82-4-204, 82-4-205, MCA Implementing statute(s): 82-4-223, 82-4-232, 82-4-235, MCA History: NEW, 1999 MAR p. 811, Eff. 4/23/99; REP, 2004 MAR P. 2548, Eff. 10/…

17.24.831 AUGER MINING: GENERAL REQUIREMENTS Auger mining operations must comply with applicable strip mining performance standards. Authorizing statute(s): 82-4-205, MCA Implementing statute(s): 82-4-231, 82-4-232, 82-4-233, MCA History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1…

17.24.832 AUGER MINING: SPECIFIC PERFORMANCE STANDARDS Any auger mining associated with strip mining operations must be conducted to maximize recoverability of mineral reserves remaining after the mining operations are completed. Each operator conducting auger mining operations s…

17.24.833 AUGER MINING: REQUIREMENTS FOR PERMIT No permit may be issued for any operation that includes auger mining, unless the department finds, in writing, that, in addition to meeting all other applicable requirements of rules adopted pursuant to the Act, the operations will …

17.24.834 REMINING: APPLICABILITY This rule and ARM 17.24.835, 17.24.836, and 17.24.837, apply only to operations which process coal mine waste materials resulting from "previously mined areas" as that term is defined in ARM 17.24.301. Authorizing statute(s): 82-4-205, MCA Implem…

17.24.835 REMINING: APPLICATION AND OPERATING REQUIREMENTS Remining must be conducted to maximize the recoverability of the mineral resource, while using the best control technology available to maintain or whenever possible, to improve environmental quality, and to maximize the …

17.24.836 REMINING: ELIGIBILITY FOR ABANDONED MINE LAND STATUS Areas within a remining permit area that will not be directly disturbed by remining activities remain eligible for abandoned mine land reclamation funding if the proposed remining operation does not adversely affect e…

17.24.837 REMINING: BONDING Bond must be submitted consistent with 82-4-223, MCA, and subchapter 11, except as noted below. The performance bond for the area must be the estimated total cost to the department for reclamation of the site in accordance with the approved reclamation…

17.24.901 GENERAL APPLICATION AND REVIEW REQUIREMENTS In addition to appropriate material required under subchapter 3, any plan for underground mining must include the following: a detailed description, with appropriate drawings, of permanent entry seals and down-slope barriers d…

17.24.902 APPLICATION REQUIREMENTS FOR IN SITU COAL PROCESSING OPERATIONS Except as provided in ARM 17.24.905, an application for a permit for in situ coal processing operations must be made according to all requirements of ARM 17.24.901. In addition, the mining and reclamation o…

17.24.903 GENERAL PERFORMANCE STANDARDS In addition to all appropriate requirements of subchapters 4 through 8, and 10 through 13, except ARM 17.24.519 and as provided in ARM 17.24.905, the following requirements apply to underground mining operations: Each prospecting hole, othe…

17.24.904 IN SITU COAL PROCESSING OPERATION PERFORMANCE STANDARDS An operator who conducts in situ coal processing operations shall comply with ARM 17.24.903. In situ coal processing operations must also be planned and conducted to minimize disturbance to the prevailing hydrologi…

17.24.905 RULES NOT APPLICABLE TO IN SITU COAL OPERATIONS The following rules are not applicable to in situ coal gasification: ARM 17.24.311 (Air Pollution Control Plan); ARM 17.24.519 (Monitoring for Settlement); and ARM 17.24.831 through 17.24.837 (auger mining and remining rul…

17.24.907 IN SITU URANIUM PROCESSING OPERATION PERFORMANCE STANDARDS With regard to the subsurface hydrologic effects of in situ uranium mining, the operator shall comply with all rules of the department, and the operator's bond shall ensure compliance with those rules. With rega…

17.24.911 SUBSIDENCE CONTROL Underground mining operations must be planned and conducted to prevent or minimize subsidence and subsidence-related material damage to the surface to the extent technologically and economically feasible, to maintain the value and reasonably foreseeab…

17.24.912 BUFFER ZONES Underground mining operations must not be conducted beneath or adjacent to any perennial stream or impoundment having a storage volume of 20 acre-feet or more, unless the department, on the basis of detailed subsurface information, determines that subsidenc…

17.24.920 PLACEMENT AND DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: SPECIAL APPLICATION REQUIREMENTS Each application must contain, where applicable, a narrative and appropriate maps and cross-sections prepared to meet the standards of ARM 17.24.305, describing the proposed dispos…

17.24.924 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: GENERAL REQUIREMENTS To the extent that underground development waste is not proposed for backstowing, it must be demonstrated, to the satisfaction of the department, that valid physical, economic, safety, environmental or othe…

17.24.925 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: VALLEY FILL Disposal of underground development waste in valley fills must meet all the requirements of ARM 17.24.924, and the following additional requirements of this rule. The fill must be designed to attain a long-term stat…

17.24.926 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: HEAD-OF-HOLLOW FILL Disposal of underground development waste in a head-of-hollow fill must meet all the requirements of ARM 17.24.924 and 17.24.925. The drainage control system for the head-of-hollow fill must be capable of pa…