Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.3 - Strip and Underground Mine Reclamation Act: Definitions and Strip Mine Permit Application Requirements
Rule 17.24.304 - BASELINE INFORMATION: ENVIRONMENTAL RESOURCES
Universal Citation: MT Admin Rules 17.24.304
Current through Register Vol. 6, March 22, 2024
(1) The following environmental resources information must also be included as part of an application for a strip or underground mining permit:
(a) the size, sequence, and timing of the
subareas of the mine plan area for which it is anticipated that individual
permits for mining will be requested over the estimated total life of the
proposed mining activities;
(b) a
listing, location and description of all archaeological, historical,
ethnological and cultural resources and values of the proposed mine plan and
adjacent area. Such resources and values must be located and identified on
accompanying maps. Sites listed on, eligible for, or potentially eligible for
the national register of historic places must be so identified. Published
research or other information must be referenced and copies of referenced
reports must be made available to the department upon request. The department
may require the applicant to identify and evaluate important historic and
archeological resources that may be eligible for listing on the national
register of historic places through collection of additional information,
conduct field investigations, or other appropriate analyses;
(c) a comprehensive listing, location and
description of significant or unique scenic and/or geological formations or
sites;
(d) a narrative explanation
or other data showing whether the permit area possesses special, exceptional,
critical, or unique characteristics as defined in
82-4-227, MCA, and whether
surrounding land possesses special, exceptional, critical or unique
characteristics that would be adversely affected by mining;
(e) all hydrologic and geologic data
necessary to evaluate baseline conditions, to evaluate the probable hydrologic
consequences and cumulative hydrologic impacts of mining, pursuant to ARM
17.24.314(3) and
(5) and
82-4-222, MCA, and to develop a
plan to monitor water quality and quantity to address the requirements of ARM
17.24.314;
(f) hydrologic and
geologic descriptions pursuant to (1)(e) including:
(i) a narrative and graphic account of ground
water hydrology including, but not limited to:
(A) the lithology, thickness, structural
controls, hydraulic conductivity, transmissivity, recharge, storage and
discharge characteristics, extent of aquifer, production data, water quality
analyses and other relevant aquifer characteristics for each aquifer within the
mine plan area and adjacent areas;
(B) the results of a minimum of one year of
quarterly monitoring of ground water for total dissolved solids, specific
conductance corrected to 25oC, pH, major dissolved
cations (Ca, Mg, Na, K), major dissolved anions (SO4,
HCO3, CO3, Cl,
NO3), concentrations of dissolved metals as prescribed
by the department, and water levels. These data must be generated in accordance
with the standards contained in ARM
17.24.645(2),
(3), and (6); and
(C) a listing of all known or readily
discoverable wells and springs and their uses located within three miles
downgradient from the proposed permit area and within one mile in all other
directions unless hydrologic conditions justify different distances;
(ii) a narrative and graphic
account of surface water hydrology within the mine plan area and adjacent areas
including, but not limited to:
(A) the name,
location, use, and description of all surface water bodies such as streams,
lakes, ponds, springs, and impoundments; and
(B) descriptions of surface drainage systems
sufficient to identify, in detail, the seasonal variations in water quantity
and quality including, but not limited to:
(I) minimum, maximum, and average discharge
conditions which identify critical low flow and peak discharge rates of streams
and springs; and
(II) water quality
data to identify the characteristics of surface waters discharging into or
receiving flows from the proposed mine plan area, including total suspended
solids, total dissolved solids, specific conductance corrected to 25°C, pH,
major dissolved cations (Ca, Mg, Na, K), major dissolved anions
(SO4, CO3,
HCO3, NO3, Cl), and
concentrations of metals as prescribed by the department. Such data must be
generated in accordance with the standards contained in ARM
17.24.646(1), (1)(a), (3),
(5), and (6);
(iii) a description of alternative water
supplies, not to be disturbed by mining, that could be developed to replace
water supplies diminished or otherwise adversely impacted in quality or
quantity by mining activities so as not to be suitable for the approved
postmining land uses; and
(iv) such
other information that the department determines is
relevant;
(g) a detailed
description of all overburden and mineral materials (all materials other than
soil) that will be handled during mining or backfilling operations. The
description must include:
(i) those materials
down to and including the deeper of either the stratum immediately below the
lowest seam to be mined or any aquifer below the lowest seam to be mined that
may be adversely impacted by mining;
(ii) all physical, chemical, water
infiltration, artificial weathering, and plant growth data necessary to
identify those materials that are potentially acid, acid-forming, sodic,
saline, toxic, toxic-forming, unstable, erodible or otherwise undesirable with
respect to use as plant rooting media, landscape stability, aquifer
reestablishment, postmining ground and surface water quantity and quality both
on and off site, and postmining land use;
(iii) lithologic and geophysical logs showing
the lithologic characteristics including physical properties and thickness of
each stratum and location of ground water where occurring. The requirement for
geophysical logs may be waived if the applicant demonstrates, and the
department finds in writing, that other equivalent information is available in
an acceptable form and has been provided by the applicant;
(iv) a narrative addressing the suitability
or unsuitability of the materials to be handled for reclamation purposes. This
narrative must address or reference the data, characteristics of materials, and
aspects of reclamation described in (1)(f), (1)(g)(ii) and (iii), and ARM
17.24.322(2)(a)(iii);
and
(v) additional studies or
information determined by the department to be useful or necessary to evaluate
the application. All laboratory work conducted under (g) must be conducted in
accordance with ARM
17.24.302(3);
(h) climatological information, including:
(i) the average seasonal
precipitation;
(ii) the average
direction and velocity of prevailing winds;
(iii) seasonal temperature ranges;
and
(iv) such additional data as
the department deems necessary to ensure compliance with the requirements of
this subchapter;
(i)
vegetation surveys as described in
82-4-222(2), MCA,
of the Act, which must include:
(i) a
vegetation map at a scale of 1" = 400' or as otherwise approved by the
department, which delineates community types based on dominant species which by
their structure, density, or coverage, have the greatest functional influence
on the type. Other methods for delineating community types may be used with
prior approval by the department; and
(ii) a narrative describing the community
types within the proposed permit area and within any proposed reference areas,
and listing associated species and discussing environmental factors controlling
or limiting the distribution of species;
(j) a narrative of the results of a wildlife
survey. The operator shall contact the department at least three months before
planning the wildlife survey to allow the department to consult state and
federal agencies with fish and wildlife responsibilities to determine the scope
and level of detail of information required in the survey to help design a
wildlife protection and enhancement plan. At a minimum, the wildlife survey
must include:
(i) a listing of all fish and
wildlife species;
(ii) population
density estimates of each species insofar as practicable;
(iii) a description of season or seasons of
use and habitat use by each species along with a description of habitats of
unusually high value for fish and wildlife such as important streams, wetlands,
riparian areas, cliffs supporting raptors, areas offering special shelter or
protection, migration routes, reproduction and wintering areas, and other
habitats identified through agency consultation as requiring special protection
under state or federal law;
(iv) a
wildlife habitat map for the entire wildlife survey area including habitat
types that are discussed in (c), and ARM
17.24.751(2)(f) and
(g); and
(v) coverage of the proposed permit area plus
an area around it. The extent of the total area to be surveyed must be
determined through consultation with the department and must be large enough to
include those species whose home ranges extend beyond the permit
boundary;
(k) a soil
survey according to standards of the national cooperative soil survey and the
department describing all soils on the proposed permit area and their
suitability for reclamation purposes. The soil survey must include the
following information:
(i) description,
sampling, and analysis of soils in sufficient detail to identify the soil
series, phases, and mapping units present including:
(A) series and phase descriptions;
(B) mapping unit (complex and consociation)
descriptions;
(C) descriptions of
representative soil pedons; and
(D)
results of chemical and physical analyses of soil horizon samples. Each horizon
sample must be analyzed in accordance with ARM
17.24.302(3) for
pH, particle size distribution (texture), and other parameters that must be
determined in consultation with the department;
(ii) a soils map acceptable to the
department. The scale must be 1" = 400' unless otherwise altered or approved by
the department. Enlarged aerial photographs may be used as a map base. The map
or photograph must include:
(A) the soil
mapping units, their boundaries, a legend of the soil mapping units and the
estimated salvage depths of soils within each mapping unit, consistent with the
information submitted under ARM
17.24.313(1)(f);
(B) soil sampling locations;
and
(iii) further soil
studies or information determined by the department to be useful or necessary
to evaluate the application;
(l) the condition, capability, productivity,
and history of use of the land and vegetation within the proposed permit area,
including:
(i) a map and supporting narrative
of the uses of the land existing at the time of the filing of the application.
If the premining use of the land was changed within five years before the
anticipated date of beginning the proposed operations, the historic use of the
land must also be described;
(ii) a
narrative of land capability and productivity that analyzes the land-use
description under (a) in conjunction with other environmental resources
information required under this subsection. The narrative must provide analyses
of:
(A) the capability of the land before any
mining to support a variety of uses, giving consideration to soil and
foundation characteristics, topography, vegetative cover and the hydrology of
the proposed permit area;
(B) the
productivity of the proposed permit area before mining, expressed as average
yield of food, fiber, forage, or wood products from such lands obtained under
high levels of management. The productivity must be determined by yield data or
estimates for similar sites based on current data from the U.S. department of
agriculture, state agricultural universities, or appropriate state natural
resources or agricultural agencies;
(C) a statement of whether the proposed
permit area has been previously mined, and, if so, the following information,
if available:
(I) the type of mining method
used;
(II) the coal seams or other
mineral strata mined;
(III) the
extent of coal or other minerals removed;
(IV) the approximate dates of past mining;
and
(V) the uses of the
land;
(D) the existing
land uses and land use classifications under local law, if any, of the proposed
mine plan and adjacent areas.
AUTH: 82-4-205, MCA; IMP: 82-4-222, MCA
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