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 17.24.184 - SMALL MINER BOND FORFEITURE AND SMES REVOCATION
Current through Register Vol. 6, March 22, 2024
(1) If a small miner who conducts a placer or dredge operation fails to commence reclamation within six months after cessation of mining or within an extended period allowed by the department for good cause shown pursuant to (4), or fails to diligently complete reclamation, the department shall notify the small miner by certified mail at the small miner's last reported address that bond will be forfeited and the department will reclaim the site unless the small miner commences reclamation within 30 days and diligently completes reclamation.
(2) The department shall revoke the small miner exclusion statement for any small miner whose bond is forfeited.
(3) Cessation of mining is considered to have occurred:
(4) The department may grant an extension only when a site is temporarily stabilized in a manner which assures stability through spring runoff when impact to the environment will be minimized, and when public safety is ensured.
(5) Diligent completion of reclamation will be considered to have occurred whenever:
(6) An extension of time to reclaim must be renewed annually.
(7) A forfeited bond must be used as follows:
82-4-321, MCA; IMP, 82-4-305, MCA;