Current through August 31, 2023
01.
Diligence. All reclamation activities required to be conducted on exploration sites must be performed in a good, workmanlike manner with all reasonable diligence, and as to a given exploration drill hole, road, or trench, within one (1) year after abandonment thereof. (3-18-22)
02.
When Exploration Is Mining. Exploration operations may under some circumstances constitute mining operations as described in Section 47-1503(7), Idaho Code. (3-18-22)
03.
Notification. Any operator desiring to conduct exploration using motorized earth-moving equipment to locate minerals for immediate or ultimate sale shall notify the Department within seven (7) days after beginning exploration operations. No application fee or financial assurance is required for exploration that is not a mining operation. (3-18-22)
04.
Contents of Notification. The notification shall include: (3-18-22)
a. The name and address of the operator; (3-18-22)
b. The legal description of the exploration and its starting and estimated completion date; and (3-18-22)
c. The anticipated size of the exploration and the general method of operation. (3-18-22)
05.
Confidentiality. Any such notification is treated as confidential in accord with Section 180. (3-18-22)
06.
Exploration Reclamation (Less Than Two Acres). Every operator who conducts exploration affecting less than two (2) acres shall: (3-18-22)
a. Wherever possible, contour the affected lands to their approximate previous contour; and (3-18-22)
b. Conduct revegetation activities in accordance with Subsection 140.11. Unless otherwise required by a federal agency, one (1) pit or trench on a federal mining claim showing discovery, may be left open pending verification by federal mining examiners. (3-18-22)
c. Exploration drill holes must be plugged within thirty (30) days of drilling the holes. Upon request, the director may allow the holes to be temporarily left unplugged for up to a year, but until they are plugged the holes must be left so as to eliminate hazards to humans and animals. (3-18-22)
d. Pits or trenches on mining claims showing discovery may be left open pending verification by federal mining examiners but shall not create a hazard to humans or animals. Such abandoned pits and trenches must be reclaimed within one (1) year of verification. (3-18-22)
e. If water runoff from exploration causes siltation of surface waters in amounts more than normally results from runoff, the operator shall reclaim affected lands and adjoining lands under his control as is necessary to meet state water quality standards. (3-18-22)
07.
Exploration Reclamation (More Than Two Acres). Reclamation of lands where exploration has affected more than two (2) acres must be completed as set forth in Subsection 060.06 and the following additional requirements: (3-18-22)
a. Abandoned exploration roads must be cross-ditched as necessary to minimize erosion. The director may request in writing, or may be petitioned in writing, that a given road or road segment be left for a specific purpose and not be cross-ditched or revegetated. If the director approves the petition, the operator cannot thereafter be required to conduct reclamation activities with respect to that given road or road segment. (3-18-22)
b. Ridges of overburden must be leveled so as to have a minimum width of ten (10) feet at the top. (3-18-22)
c. Peaks of overburden must be leveled so as to have a minimum width of fifteen (15) feet at the top. (3-18-22)
d. Overburden piles must be reasonably prepared to control erosion. (3-18-22)
e. Abandoned lands affected by exploration must be top-dressed to the extent that such overburden is reasonably available from any pit or other excavation created by the exploration, with that type of overburden that is conducive to the control of erosion or the growth of vegetation that the operator elects to plant thereon. (3-18-22)
f. Any water containment structure created in connection with exploration, must be reasonably prepared so as not to constitute a hazard to humans or animals. (3-18-22)
08.
Additional Reclamation. The operator and the director may agree, in writing, to complete additional reclamation beyond the requirements established in the chapter and these rules. (3-18-22)
