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 17.24.305 - MAPS
Universal Citation: MT Admin Rules 17.24.305
Current through Register Vol. 6, March 22, 2024
(1) The application must contain maps including the following information:
(a) the
owners of record of the surface of the land to be affected by the permit and
the owners of record of all surface area within 1/2 mile of any part of the
affected area;
(b) the owners of
record of all subsurface minerals in the land to be affected;
(c) the boundaries of land within the
proposed permit area upon which the applicant has the legal right to enter and
begin mining activities;
(d) the
boundaries of all areas proposed to be affected over the estimated total life
of the proposed mining operations, with a description of size, sequence, and
timing of the mining of subareas for which it is anticipated that additional
permits will be sought, and any cropline of the mineral to be mined;
(e) the names and locations of roads,
buildings, facilities, cemeteries, oil and gas wells, pipelines, utility lines
and corridors, and strip or underground mines on the permit area and within
1,000 feet of such area;
(f) the
location and boundaries of any proposed reference areas for determining the
success of revegetation;
(g) the
locations of water supply intakes for current users of surface water flowing
into, out of, and within a hydrologic area and those surface waters which will
receive discharges from affected areas in the proposed mine plan
area;
(h) the boundaries of any
public park and locations of any cultural or historical resources listed or
eligible for listing in the national register of historic places and known
archeological sites within the mine plan or adjacent areas;
(i) any land within the proposed mine plan
area and adjacent area that is within the boundaries of any units of the
national system of trails or the wild and scenic rivers system, including study
rivers designated under section (5) (a) of the Wild and Scenic Rivers
Act;
(j) the lands proposed to be
affected throughout the operation, including the pre-mine topography, and any
change in a facility or feature to be caused by the proposed
operations;
(k) the area of land to
be affected within the proposed mine plan area, according to the sequence of
mining and reclamation;
(l) each
area of land for which a performance bond or other equivalent guarantee will be
posted;
(m) each mineral storage,
cleaning or loading area and each soil, spoil, coal waste, garbage or other
debris storage area;
(n) elevations
and locations of monitoring stations used to gather data for water quality and
quantity, fish and wildlife, and air quality, if required, in preparation of
the application;
(o) each water
diversion, collection, conveyance, treatment, storage, and discharge facility
to be used;
(p) each air pollution
collection and control facility;
(q) each source of waste and each waste
disposal facility relating to processing or pollution control;
(r) the location of proposed postmine
revegetation communities and proposed fish, wildlife, and related environmental
enhancement features;
(s) each
explosives storage and handling facility;
(t) the location of each sedimentation pond
and permanent water impoundment in accordance with ARM
17.24.315 and the location of each
fill area for the disposal of excess spoil in accordance with ARM
17.24.308;
(u) the date on which each map was prepared
and the north point; a legend indicating the items shown on the map, the scale,
and the contour interval; the township, range, and section numbers;
(v) grid coordinates based upon the
1000-meter universal transverse mercator system for maps, as determined by the
department, that are necessary to do cumulative hydrologic impact assessments
and alluvial valley floor determinations;
(w) the final surface and underground water
drainage plan on and away from the area of land affected. This plan must
indicate the direction and volume of flow of water, constructed drainways,
natural waterways used for drainage, and the streams or tributaries receiving
the discharge;
(x) the location of
the test boring holes;
(y) the
surface location lines of any geologic cross sections that have been submitted;
and
(z) the location and extent of
subsurface water, if encountered, and the names and location of surface water
bodies, including springs, constructed or natural drains, and irrigation
ditches, within the proposed mine plan and adjacent areas.
(2) Maps must be prepared in accordance with the following procedures:
(a) Each map
containing information pursuant to (1) must be certified as follows. "I, the
undersigned, hereby certify that this map is correct and shows to the best of
my knowledge and belief all the information required by the mining laws of this
state.. The certification must be signed and notarized in affidavit form. If
the certification is submitted as a document separate from the map(s), it must
be in affidavit form. The department may reject a map as incomplete if its
accuracy is not so attested.
(b)
Maps, plans, and cross-sections required under (1) (d), (e), (j), (k), (l),
(m), (o), (p), (q), (s), (t), (x), and (z) must be prepared by, or under the
direction of, and certified by a qualified licensed professional engineer, with
assistance from experts in related fields, except that:
(i) maps and cross-sections required under
(1) (d), (l), (m), (o), (p), (s), (t), (x) and (z) may be prepared by, or under
the direction of, and certified by a qualified licensed professional land
surveyor with assistance from experts in related fields; and
(ii) maps, plans, and cross-sections for
sedimentation ponds and spoil disposal facilities may be prepared only by a
qualified licensed professional engineer.
(c) All detail on maps must be clearly
legible.
(3) Maps other than those outlined in (1) and (2) necessary to meet the requirements of this rule or other rules adopted pursuant to the Act must also be certified as in (2) (a).
AUTH: 82-4-205, MCA; IMP: 82-4-222, MCA
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