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 17.24.228 - REQUIREMENTS FOR DRYLAND PERMIT APPLICATIONS AND RECLAMATION
Current through Register Vol. 6, March 22, 2024
(1) Dryland permits must meet all the application requirements of 82-4-432(14), MCA.
(2) Before submitting a dryland permit application, an operator must provide public notice. The applicant must:
(3) If available, up to 24 inches of soil and overburden must be stripped, salvaged, and replaced for reclamation. If overburden is a mine material or will be used as binder, an appropriate quantity must first be stripped and salvaged to satisfy the soil plus overburden replacement thickness requirement (24 inches cumulative).
(4) The operator must complete phase I reclamation and begin phase II reclamation on any area that the operator no longer needs for opencut operations or no longer has the right to use, within one year after the cessation of such operations or termination of such right. The operator must request release using forms provided by the department. If it is not practical for the operator to reclaim a certain area until other areas are also available for reclamation, the operator may propose an alternate reclamation schedule.
(5) Boundary markers and road markers must be placed so that no fewer than two consecutive markers are readily visible in any direction from any point on a line. The following requirements apply to marking boundaries and permitted access roads to be improved or constructed:
(6) Where required by 82-4-434, MCA, berms constructed of soil and/or overburden must be a minimum of 6 feet high, protected from erosion, commingling, contamination, compaction, and unnecessary disturbance. At the first seasonal opportunity, the operator must shape and seed, with weed-free seed mix, any berm capable of sustaining plant growth.
(7) The only map required for a dryland permit is a location map as described in ARM 17.24.221(2) and (6).
AUTH: 82-4-422, MCA; IMP: 82-4-432, MCA