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 17.24.169 - MILLS: RECLAMATION PLANS
Universal Citation: MT Admin Rules 17.24.169
Current through Register Vol. 6, March 22, 2024
(1) An application for an operating permit pursuant to ARM 17.24.167 must contain a plan that provides for the reclamation of all the land to be disturbed by the proposed milling operation and associated activities. The plan must, at a minimum, include the following:
(a) all of the
requirements of a reclamation plan set forth in
82-4-303(13) (a)
and (d) through (h),
82-4-336, MCA, and ARM
17.24.115;
(b) a regarding plan which leaves all
disturbed areas in a stable configuration and which conforms with the proposed
subsequent use of the land after reclamation. The department may require the
use of cross-sections, topographic maps or detailed narrative, or a combination
of these, to ensure that the application adequately describes the proposed
topography of the reclaimed land. All reclaimed slopes on materials potentially
acid or toxic forming shall be graded to assure future erosion of acid and
toxic forming materials offsite is prevented using prudent slope angle and
length;
(c) a description of the
manner in which the soil materials will be redistributed from the stockpiles to
the area to be reclaimed (e.g., truck/loader, scrapers), to provide for
adequate revegetation;
(d) a
description of the methods by which surface and ground water will be restored
or maintained to meet the criteria of Title 75, chapters 5 and 6, MCA, as
amended, or rules adopted pursuant to these laws, including methods used to
monitor for accidental discharge of objectionable (potential toxic or
acid-producing) materials, plans for detoxification or neutralization of such
materials, and remedial action plans for control and mitigation of discharges
to surface or ground water;
(e) a
plan for the reestablishment of vegetation which conforms with the proposed
subsequent use of the land after reclamation. Such revegetation plan must
consider the following:
(i) The first
objective in revegetation is to stabilize the area as quickly as possible after
it has been disturbed. Plants that will give a quick, protective cover and
those that will enrich the soil must be given priority. Plants reestablished
must be in keeping with the intended reclaimed use of the land.
(ii) Appropriate revegetation must be
accomplished as soon after necessary grading as possible; however, revegetation
must be performed in the proper season in accordance with accepted agricultural
and reforestation practices.
(iii)
In the event that any of the above revegetation efforts are unsuccessful, the
permittee shall seek the advice of the department and make additional attempts,
incorporating such changes and additional procedures as may be expected to
provide satisfactory revegetation;
(f) a schedule describing the manner and
deadlines for the removal of facilities including, but not limited to, the
removal of buildings or related structures, or a plan meeting the requirements
for alternative land use.
(2) The department may require additional measures necessary to ensure that the disturbed area is reclaimed in accordance with the Act.
82-4-321, MCA; IMP, 82-4-335, 82-4-336, MCA;
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