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 17.24.181 - SMALL MINER PLACER AND DREDGE BONDING
Universal Citation: MT Admin Rules 17.24.181
Current through Register Vol. 6, March 22, 2024
(1) A small miner who operates a placer or dredge mine shall post a $10,000 bond unless the department approves a lower amount based on the criteria outlined in (2) or unless it is documented that a bond for reclamation is posted with another government agency.
(a) Bond must be filed in the form of a
surety, payable to the state of Montana or to the state and the appropriate
federal agency, a cash deposit, an assignment of certificate of deposit, letter
of credit, or other surety acceptable to the department.
(b) The bond must be accompanied by an
appropriate map showing the location of the mine, anticipated disturbances, and
perennial streams in the vicinity.
(c) A small miner placer or dredge mine
operator that posted a bond with the department prior to May 15, 1997, for a
mine is not required to post a bond in excess of $5,000 for that
mine.
(2) The department shall reduce the required bonding amount if the small miner submits an operating plan documenting that the cost of reclamation to the department would be less than $10,000. The information needed to make such a determination includes the following:
(a) a description of
the proposed mining operation and foreseeable expansion;
(b) a description of the mine support
facilities;
(c) the type of
equipment and capacity of the plant;
(d) an estimate of pit and pond sizes and
volumes of all soil, overburden and placer gravel stockpiles;
(e) description of mining sequence and
maximum acreage to be disturbed and unreclaimed at any one time at the mine
being bonded;
(f) a description of
any water diversions required by the operation;
(g) a topographic map locating mine pit,
ponds, diversions, roads, process area, and stream drainages and materials
storage sites. This map should include a reference to existing locatable
monuments or landmarks on the ground;
(h) the depth of soil, overburden and pay
zones to be excavated;
(i) the
average and maximum rate of pay gravel removal;
(j) the length and width of roads and average
size of the plant area;
(k) any
proposal to use suitable settling pond sediments as soil amendment if limited
soil is available;
(l) a proposed
permanent seed mixture and rate of application (lbs/ac);
(m) characterization of stream channel and
riparian conditions for locations where disturbance is proposed;
(n) identification of the construction method
and materials to be used to reclaim soils, overburden, gravel stockpiles, and
other disturbances and to reestablish functioning streams and associated
floodplains where stream channels have been disturbed;
(o) an erosion control plan which contains
the appropriate elements from ARM
17.24.182;
(p) whenever applicable, a description of the
status of 404 permits issued pursuant to the federal Clean Water Act and plans
of operation required by federal land management agencies; and
(q) status of 310 permit compliance, pursuant
to
75-7-101,
MCA, et seq., and status of Montana pollution discharge elimination permit
compliance pursuant to
75-5-401,
MCA, et seq.
AUTH: 82-4-321, MCA; IMP: 82-4-305(1), MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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