Current through Register Vol. 6, March 22, 2024
(1) The department may not release any
portion of the performance bond until it finds that the permittee has met the
requirements of the applicable reclamation phase as defined in this rule. The
department may release portions of the performance bond applicable to a permit
following completion of reclamation phases on the entire permit area or on
incremental areas within the permit area.
(2) Release of any portion of the performance
bond does not relieve the operator of liability for any corrective action
necessary to comply with the Act, subchapters 3 through 13 of this chapter, and
the permit until final bond release.
(3) Subject to the limitations of (5) and (6)
of this rule, the maximum portion of the performance bond that may be released
at any time on applicable areas is:
(a) 60%
if reclamation phase I has been completed;
(b) the amount associated with soil
replacement activities, if reclamation phase II has been completed;
(c) the amount associated with revegetation
activities, if reclamation phase III has been completed; and
(d) the remaining portion of the performance
bond, if reclamation phase IV has been completed.
(4) Acreage may be released from the permit
area only after reclamation phase IV has been completed on applicable
areas.
(5) The department may not
release any portion of a performance bond applicable to a permit if such
release would reduce the total remaining performance bond to an amount less
than that necessary for the department to complete the approved reclamation
plan, achieve compliance with the requirements of the Act, the rules adopted
thereunder, and the permit, and abate any significant environmental harm to
air, water, or land resources, or danger to the public health and safety which
might occur prior to the release of all lands from the permit area. In all
cases, the department shall retain performance bond in the amount of not less
than $200 per acre until reclamation phase IV (final) bond release has been
granted.
(6) For the purposes of
these rules, reclamation phases are as follows:
(a) reclamation phase I is deemed to have
been completed when the permittee completes backfilling, regrading, and
drainage control in accordance with the approved reclamation plan and when all
drill holes that are not approved to be retained as monitoring wells or that
were not completely mined have been plugged in accordance with ARM
17.24.1005;
(b) reclamation phase II is deemed to have
been completed when:
(i) soil replacement and
spoil and soil tillage have been completed in accordance with the approved
reclamation plan;
(ii) at least two
growing seasons (spring and summer for two consecutive years) have elapsed
since seeding or planting of the affected area;
(iii) vegetation is establishing that is
consistent with the species composition, cover, production, density, diversity,
and effectiveness required by the revegetation criteria in ARM
17.24.711,
17.24.713,
17.24.714,
17.24.716 through
17.24.718,
17.24.721,
17.24.723 through
17.24.726,
17.24.731 and
17.24.815 and the approved
postmining land use;
(iv) soils are
protected from accelerated erosion by the established vegetation;
(v) noxious weeds are controlled;
and
(vi) with respect to prime
farmlands, production has been returned to the level required by ARM
17.24.815.
(c)
reclamation phase III is deemed to have been completed when:
(i) the applicable responsibility period
(which commences with the completion of any reclamation treatments as defined
in ARM 17.24.725) has expired and the
revegetation criteria in ARM 17.24.711, 17.24.713, 17.24.714, 17.24.716 through
17.24.718, 17.24.721, 17.24.723 through 17.24.726, 17.24.731, and 17.24.815, as
applicable to and consistent with the approved postmining land use are
met;
(ii) a stable landscape has
been established consistent with the approved postmining land use;
(iii) the lands are not contributing
suspended solids to stream flow or runoff outside the permit area in excess of
the requirements of ARM
17.24.633 or the permit;
and
(iv) as applicable, the
provisions of a plan approved by the department for the sound future management
of any permanent impoundment by the permittee or landowner have been
implemented to the satisfaction of the department; or
(v) the lands meet the special conditions
provided in
82-4-235(4)(a),
MCA;
(d) reclamation
phase IV is deemed to have been completed when:
(i) all disturbed lands within any designated
drainage basin have been reclaimed in accordance with the phase I, II, and III
requirements;
(ii) fish and
wildlife habitats and related environmental values have been restored,
reclaimed, or protected in accordance with the Act, the rules, and the approved
permit;
(iii) with respect to the
hydrologic balance, disturbance has been minimized and offsite material damage
has been prevented in accordance with the Act, the rules, and the approved
permit;
(iv) alternative water
sources to replace water supplies that have been adversely affected by mining
and reclamation operations have been developed and are functional in accordance
with the Act, the rules, and the approved permit;
(v) the reestablishment of essential
hydrologic functions and agricultural productivity on alluvial valley floors
has been achieved;
(vi)
implementation of any alternative land use plan approved pursuant to ARM
17.24.821 and
17.24.823 has been successfully
achieved; and
(vii) all other
reclamation requirements of the Act, rules, and the permit have been
met.
(7)
Information from annual reports and monitoring data, generated pursuant to ARM
17.24.645,
17.24.646, 17.24.723, and
17.24.1129, and from department inspection reports may be used or referenced to
support applications for bond release.
(8) Following final bond release, the
department shall reassert jurisdiction under the Act and this chapter if it is
demonstrated that the bond release or statement of reasons made pursuant to ARM
17.24.1114(4) was
based upon fraud, collusion, or misrepresentation of a material fact.
AUTH:
82-4-205, MCA; IMP:
82-4-223,
82-4-232,
82-4-235,
MCA