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 17.24.324 - PRIME FARMLANDS: SPECIAL APPLICATION REQUIREMENTS
Universal Citation: MT Admin Rules 17.24.324
Current through Register Vol. 6, March 22, 2024
(1) If land within the proposed permit area is identified as prime farmland under ARM 17.24.306, the applicant shall submit a plan for the mining and restoration of the land. Each plan must contain the following:
(a) the soil survey
requirements listed under ARM
17.24.304(11),
and also including:
(i) a description of the
mapping unit(s) containing each prime farmland soil;
(ii) the depth and thickness of each of the
soil horizons that collectively constitute the root zone of the locally adapted
crops; and
(iii) the bulk densities
of each soil horizon for each prime farmland soil;
(b) the proposed method and type of equipment
to be used for removal, storage, and replacement of the soil in accordance with
ARM 17.24.811;
(c) the location of areas to be used for the
separate stockpiling of the soil and plans for stockpile
stabilization;
(d) plans for
seeding or cropping the final graded disturbed land and the conservation
practices to be used to adequately control erosion and sedimentation and to
restore an adequate soil moisture regime, during the period from completion of
regrading until release of the performance bond. Proper adjustments for seasons
must be proposed so that final graded land is not exposed to erosion during
seasons when vegetation or conservation practices cannot be established due to
weather conditions;
(e) plans that
demonstrate that the proposed method of reclamation will achieve vegetation to
satisfactorily comply with ARM
17.24.815;
(f) available agricultural school studies or
other scientific data for areas with comparable soils, climate, and management
(including water management) that demonstrate that the proposed method of
reclamation will achieve, within a reasonable time, equivalent or higher levels
of yield after disturbance as existed before disturbance;
(g) if the use of other soils or materials is
proposed, documentation, such as agricultural school studies or other
scientific data from comparable areas, demonstrating that the use of these
soils or materials, instead of the A, E, B, or C horizons of the prime farmland
soils, can achieve soil productive capacities in accordance with
82-4-232(3) (a) and
(b), MCA. Any proposals to use said
substitutes must document compliance with ARM
17.24.703, if
applicable;
(h) a description of
the reference area(s) of prime farmland that lie outside of the area proposed
for disturbance but in the vicinity of the proposed mining operation. If
reference areas in the vicinity of the mining operation are not present, the
applicant shall describe reference areas more distant from the proposed
operation. In all cases, reference areas must be selected and used in
accordance with ARM
17.24.815(2), in
determining revegetative success of disturbed and reclaimed prime
farmlands;
(i) if reference areas
in accordance with (h) are not found at all, a demonstration as to how a target
yield will be utilized in determining revegetation success in accordance with
ARM 17.24.815(2);
and
(j) vegetative productivity
prior to disturbance in accordance with ARM
17.24.304(12) (b)
(ii).
(2) Before any permit is issued for areas that include prime farmlands, the department shall consult with the Montana state office of the U.S. natural resources conservation service.
(3) A permit for the mining and reclamation of prime farmland may be granted by the department, if it first finds, in writing, upon the basis of a complete application, that:
(a) the permit incorporates as specific
conditions the contents of the plan submitted under (1) after consideration of
any revisions to that plan suggested by the Montana state office of the U.S.
natural resources conservation service pursuant to (2);
(b) the applicant has the technological
capability to restore the prime farmland, within a reasonable time, to
equivalent or higher levels of yield as comparable non-mined prime farmland
under equivalent levels of management;
(c) the postmining land use of the affected
prime farmland will be cropland, special use pasture, grazing land, or wildlife
habitat that is consistent with the restoration of the real or potential
productivity of the prime farmland; and
(d) the proposed operations will be conducted
in compliance with the applicable requirements of ARM
17.24.811 and
17.24.815 through
17.24.825.
AUTH: 82-4-205, MCA; IMP: 82-4-222, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.