Current through Register Vol. 6, March 22, 2024
(1) For
a standard permit or standard permit amendment, a plan of operation must comply
with
82-4-434(2),
MCA and include: a site map, area map, reclamation map, location map, and other
maps necessary to describe the proposed opencut operation. Except as provided
in (6), maps submitted to the department in accordance with this subchapter
must be legible, on an air-photo base, and in a scale sufficient to clearly
describe the subject matter. An application supported by a map submitted in an
electronic format that is incompatible with the department's systems, that
cannot be reviewed, or that is otherwise illegible is not acceptable. A map
submitted in other than electronic format must fill an 8 1/2- by 11- or 11- by
17-inch sheet leaving margins of approximately 1/2 inch.
(2) The following items must be shown and
labeled on each map submitted to the department: operator name; site name;
legal description of the proposed permit area; bar scale; date of drafting; and
north arrow.
(3) Site maps must
show and identify the following existing and proposed features as applicable:
(a) permitted access roads, including the
location, width, waterway crossings, and surfacing;
(b) permit boundaries;
(c) bonded area boundary;
(d) non-bonded area boundary;
(e) excess overburden and fines disposal
sites;
(f) staging areas;
(g) heavy equipment parking areas;
(h) fuel storage areas;
(i) sight and sound barriers and
berms;
(j) soil stockpile
areas;
(k) overburden and excess
overburden stockpile areas;
(l)
material stockpile areas;
(m)
processing facilities, including approximate locations of:
(i) crusher;
(ii) asphalt plant;
(iii) wash plants; and
(iv) concrete plant;
(n) detention ponds;
(o) concrete and asphalt recycling stockpile
area;
(p) soil and overburden test
hole and observation point locations;
(q) water system and structures, including:
(i) supply wells;
(ii) water recycling and settling
ponds;
(iii) surface water
extraction points;
(iv) discharge
points for water used in opencut operations; and
(v) all surface waters including, but not
limited to, ponds, lakes, wetlands, and defined and/or eroded channels of
waterways including, but not limited to, rivers, creeks, intermittent or
perennial streams, drainages, ditches, water conveyance facilities, and other
waterways;
(r) above and
below ground utilities and easements within the permit boundary;
(s) roads crossing areas where opencut
activities are prohibited by ARM 17.24.218(1)(g);
(t) erosion controls;
(u) historic disturbances within or adjacent
to permit area boundary;
(v) the
data point and map identification number for each pair of coordinates the
operator provided on the boundary coordinate table that is required by (8);
and
(w) any other pertinent
features that are necessary to ensure compliance with the Act and
rules.
(4) Area maps must
show and identify the following features within 1,000 feet outside of the
permit boundary:
(a) roads leading to the
site;
(b) access roads from the
public road turnoff to the permit area (if roads go beyond the area map, show
the full extent on the location map) including the location, width, waterway
crossings, and surfacing;
(c) water
wells based on readily available information, and other water conveyance
facilities;
(d) natural and
man-made drainage features including, but not limited to, intermittent or
perennial streams, wetlands, ponds, springs, ditches, and impoundments in and
within 500 feet of access roads and show the defined and/or eroded channel of
any such feature and any setback areas, along with a description of the use of
any man-made feature;
(e) other
opencut operations;
(f) significant
geographical features;
(g)
residences located within 300 feet of the permit boundary; and
(h) any other pertinent features that are
necessary to ensure compliance with the Act and this
subchapter.
(5)
Reclamation maps must show and identify all the following existing and proposed
features in accordance with the plan of operation:
(a) all postmining land uses;
(b) mined area backfill sites;
(c) landowner material stockpile areas to
remain;
(d) all roads or portions
of roads proposed to remain open, at the request of the landowner, at the
conclusion of opencut operations, including road locations, intended use, final
width, and surfacing;
(e) long and
short axis cross-sections of any pond or depression in which water is expected
to collect;
(f) arrows depicting
the anticipated direction of water flow across the reclaimed site;
and
(g) any other pertinent
features that are necessary to ensure compliance with the Act and this
subchapter.
(6) The
location map may be on an aerial or topo base and must show the site's location
in relation to the nearest town or city, and be sufficient to allow the public
to locate the proposed site.
(7)
For all permits and amendments, complete and accurate maps must be submitted.
The department may require that part or all of the area in and within 500 feet
of permitted access roads and 1,000 feet of the permit area be surveyed to
provide sufficient map detail and accuracy.
(8) Marker, road, and boundary locations that
must be marked in the field under ARM 17.24.218(1)(a) and markers, roads, and
boundaries located in hayland or cropland must be provided on a boundary
coordinate table form or through another method approved by the
department.
AUTH:
82-4-422,
MCA; IMP:
82-4-402,
82-4-422,
82-4-423,
82-4-431,
82-4-434,
MCA