Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.1 - Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act
Rule 17.24.115 - OPERATING PERMITS: RECLAMATION PLANS
Universal Citation: MT Admin Rules 17.24.115
Current through Register Vol. 6, March 22, 2024
(1) The following provisions must be addressed in the reclamation plan:
(a) land
disturbed by development or mining activities must be reclaimed for one or more
specified uses, including, but not limited to: forest, pasture, orchard,
cropland, residence, recreation, wilderness, industry, habitat (including food,
cover or water) for wildlife or other uses. Proposed reclamation need not
reclaim subject disturbed areas to a better condition or different use than
that which existed prior to development or mining. The applicant must describe:
(i) current uses(s) of area to be
disturbed;
(ii) current and
proposed uses of nearby land that by its proximity may influence or guide the
choice of a reclaimed use of the disturbed area;
(iii) pertinent climatic, topographical,
soil, water and wildlife data that govern choice of proposed use of the
reclaimed land.
(b) With
the use of cross-sections, topographic maps or detailed prose, the proposed
topography of the reclaimed land must be adequately described. As specific
situations warrant, proper grading must provide for adequately designed contour
trenches, benches and rock-lined channelways on disturbed areas. The applicant
must submit evidence to assure the department that upon partial or complete
saturation with water, graded fill, tailings or spoil slopes will be stable.
The proposed grading methods must be described. Where practicable, soil
materials from all disturbed areas must be stockpiled and utilized.
(c) The operator must establish vegetative
cover commensurate with the proposed land use specified in the reclamation
plan.
(d) Where operations result
in a need to prevent acid drainage or sedimentation, on or in adjoining lands
or streams, there shall be provisions for the construction of earth dams or
other reasonable devices to control water drainage, provided the formation of
such impoundments or devices shall not interfere with other landowner's rights
or contribute to water pollution (as defined in Title 75, chapter 5,
MCA).
(e) All water, tailings or
spoil impounding structures must be equipped with spillways or other devices
that will protect against washouts during a 100 year flood.
(f) Upon abandonment, water from the
development or mining activities shall be diverted or treated in a manner
designed to control siltation, erosion or other water pollution damage to
streams and natural water courses.
(g) All operations shall be conducted so as
to avoid range and forest fires and spontaneous combustion.
(h) Proper precautions must be taken to
assure that exposed cuts and tailings or spoil disposal areas will not be
subject to wind erosion to the extent that airborne detritus becomes a public
nuisance or detriment to the flora and fauna of the area.
(i) In a reclamation plan, the applicant
shall provide the department with sufficiently detailed information regarding
method(s) of disposal of mining debris, including mill tailings, and the
location and size of such areas.
(j) Requirements regarding reclamation of
stream channels and stream banks must be flexible to fit circumstances of each
stream site. Many stream relocations, however, will be permanent and thus will
represent the reclaimed condition of stream channels and stream banks.
Accordingly, reclamation plans must contain the following provisions should
stream channels or banks be permanently relocated:
(i) the relocation channel shall be of a
length equal to or greater than the original channel, unless the department
after consideration of the local circumstance shall grant a variance;
(ii) the relocation channel shall contain
meanders, riffles and pools similar to those in the original channel;
(iii) stream banks shall be rounded to
prevent slumping and sloughing and shall be revegetated in keeping with
accepted agriculture or reforestation practices the first appropriate season
following channel relocation;
(iv)
rock riprap shall be used wherever appropriate.
(k) Sections
82-4-332 and
82-4-335, MCA, require that maps
of the intended development or mining operation(s) accompany applications for
permit. Should a copy of such maps, to scale, contain the following additional
information (transparent overlays are acceptable), a separate map need not
accompany the reclamation plan:
(i) outline
of the area to be disturbed in the first year of operation;
(ii) outline of areas where soil materials
will be replaced;
(iii) outline of
intended revegetation areas showing plant or seed densities and species
chosen;
(iv) location of such
structures, drainage features, etc., as may be necessary to prevent erosion of
bare slopes and subsequent siltation or other pollution of natural flowing
streams or other natural water bodies.
(l) Reclamation shall be as concurrent with
development or mining operations as feasible and must be completed within a
specified reasonable length of time. Revegetation must be accomplished in the
first appropriate season after necessary grading, in accordance with accepted
agricultural or reforestation practices.
(m) All facilities constructed as part of the
operating permit must be reclaimed for the approved postmine land use. The
reclamation plan must provide for removal of buildings and other structures at
closure consistent with the postmine land use.
(n) The plan must provide for postmine
environmental monitoring programs and contingency plans for the postreclamation
permit area. The monitoring programs and contingency plans must be related in
scope and duration to the risk to public safety, water quality and adjacent
lands they were designed to address.
82-4-321, MCA; IMP, 82-4-335, 82-4-336, MCA;
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