Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.2 - Rules and Regulations Governing the Opencut Mining Act
Rule 17.24.226 - ADMINISTRATIVE REQUIREMENTS FOR LIMITED OPENCUT OPERATIONS
Current through Register Vol. 6, March 22, 2024
(1) An operator holding an opencut permit may conduct a limited opencut operation (LOO) that meets the criteria in 82-4-431(2), MCA, without first obtaining an additional permit or an amendment to an existing permit when, prior to commencing the limited opencut operation, the operator completes and submits to the department appropriate site and opencut operation information on a limited opencut operation form provided by the department.
(2) The operator must submit a completed limited opencut operation form and the following information to the department prior to commencing the opencut operation:
(3) The department's receipt of a limited opencut operation form initiates the timeframes set forth in 82-4-431, MCA, for either:
(4) A person conducting a limited opencut operation must comply with the requirements of 82-4-431(2), MCA. The amount of materials and overburden removed from the site cannot exceed 10,000 cubic yards and the total area from which the materials and overburden are removed cannot exceed five acres. This limitation does not include the volume of soil and overburden that is stripped and stockpiled on the limited opencut operation site for site reclamation.
(5) An operator may not commence a limited opencut operation within 300 feet of a permitted operation until the operator submits a written statement to the department that:
AUTH: 82-4-422, MCA; IMP: 82-4-431, MCA