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 17.24.325 - COAL MINING OPERATIONS ON AREAS OR ADJACENT TO AREAS INCLUDING ALLUVIAL VALLEY FLOORS: SPECIAL APPLICATION REQUIREMENTS
Universal Citation: MT Admin Rules 17.24.325
Current through Register Vol. 6, March 22, 2024
(1) This rule applies to each applicant who conducts or intends to conduct coal mining and reclamation operations in, adjacent to or under a valley holding a stream in the arid or semi-arid regions.
(2)
(a)
Permit applicants who propose to conduct coal mining and reclamation operations
within a valley holding a stream or in a location where the proposed permit
area or adjacent area includes any stream in the arid or semi-arid region of
Montana, may request the department to make an alluvial valley floor
determination with respect to that valley floor, as an initial step in the
permit application process. The applicant shall demonstrate, and the department
shall determine, based on available data, or field studies submitted by the
applicant, or a combination thereof, the presence or absence of an alluvial
valley floor. Studies must include sufficiently detailed geologic, hydrologic,
land use, soils, and vegetation data and data analyses to demonstrate the
presence or absence of an alluvial valley floor in the area. The department may
require additional data collection and analyses or other supporting documents,
maps, and illustrations in order to make the determination. Studies performed
during the investigation by the applicant or subsequent studies as required of
the applicant by the department, must include an appropriate combination,
adapted to site-specific conditions, of:
(i)
mapping of unconsolidated streamlaid deposits holding streams including, but
not limited to, geologic maps of unconsolidated deposits and streamlaid
deposits, maps of streams, delineation of surface watersheds and directions of
shallow ground water flows through and into the unconsolidated deposits,
topography showing local and regional terrace levels, and topography of
terraces, flood plains and channels showing surface drainage
patterns;
(ii) mapping of all lands
included in the area in accordance with (2) of this rule and subject to
agricultural activities, showing the area in which different types of
agricultural lands, such as flood irrigated lands, croplands and undeveloped
rangelands exist and accompanied by measurements of vegetative productivity and
type;
(iii) mapping of all lands
that are currently or were historically flood irrigated, showing the location
of each diversion structure, ditch, dam and related reservoir, irrigated land,
and topography of those lands;
(iv)
documentation that areas identified in this subsection are, or are not,
subirrigated, based on ground water monitoring data, representative water
quality, soil moisture measurements, and measurements of rooting depth, soil
mottling, and water requirements of vegetation;
(v) documentation, based on representative
sampling, that areas identified in (2) of this rule are, or are not, flood
irrigable, based on streamflow water quality, water yield, soils measurements,
and topographic characteristics;
(vi) analysis of a series of aerial
photographs, including color infrared imagery flown at a time of year to show
any late summer and fall differences between upland and valley floor vegetative
growth and of a scale adequate for reconnaissance identification of areas that
may be alluvial valley floors.
(b) Based on the investigations conducted
under (a) above, the department shall make a written determination of the
extent of any alluvial valley floors within the study area and whether any
stream in the study area may be excluded from further consideration as lying
within an alluvial valley floor. The department shall determine that an
alluvial valley floor exists if it finds that:
(i) unconsolidated streamlaid deposits
holding streams are present; and
(ii) there is sufficient water to support
agricultural activities as evidenced by:
(A)
the existence of current flood irrigation in the area in question;
(B) the capability of the area to be flood
irrigated, based on typical regional agricultural practices, historical flood
irrigation, stream-flow, water yield, soils, water quality, and topography;
or
(C) subirrigation of the lands
in question, derived from the ground water system of the valley floor;
and
(iii) the valley does
not meet the definition of upland areas in ARM
17.24.301.
(c) If the department determines in writing
that an alluvial valley does not exist pursuant to (b) above, no further
consideration of this rule is necessary;
(3)
(a)
(i) Whenever an alluvial valley floor is
identified pursuant to (2) (b) of this rule, and the proposed coal mining
operation may affect this alluvial valley floor or waters that supply the
alluvial valley floor, the applicant may request the department, as a
preliminary step in the permit application process, to separately determine the
applicability of the statutory exclusions set forth in (ii) below. The
department may make such a determination based on the available data, may
require additional data collection and analyses in order to make the
determination, or may require the applicant to submit a complete permit
application and not make the determination until after the complete application
is evaluated.
(ii) An applicant
need not submit the information required in (3) (c) (ii) (B) and (C) below, and
the department is not required to make the findings of (3) (f) (ii) (A) and (B)
below when the department determines that 1 of the following circumstances,
heretofore called statutory exclusions, exist:
(A) the premining land type is undeveloped
rangeland that is not significant to farming;
(B) any farming on the alluvial valley floor
that would be affected by the coal mining operation is of such small acreage as
to be of negligible impact on the farm's agricultural production. Negligible
impact of the proposed operation on farming is based on the relative importance
of the affected vegetation and water of the developed grazed or hayed alluvial
valley floor area to the farm's production over the life of the mine;
or
(C) the circumstances set forth
in ARM 17.24.802(3)
exist.
(iii) For the
purposes of this section, a "farm" is 1 or more land units on which
agricultural activities are conducted. Agricultural activities or farming are
generally considered to occur on a combination of land units with acreage and
boundaries in existence prior to August 3, 1977, or, if established after
August 3, 1977, with those boundaries based on enhancement of the farm's
agricultural productivity and not related to coal mining
operations.
(b) If the
department determines that the statutory exclusions are not applicable and that
any of the required findings of (3) (f) (ii) below cannot be made, the
department may, at the request of the applicant:
(i) determine that mining is precluded on the
proposed permit area and deny the permit without the applicant filing any
additional information required by this section; or
(ii) prohibit coal mining and reclamation
operations in all or parts of the area to be affected by mining.
(c)
(i) If land within the permit area or
adjacent area is identified as an alluvial valley floor and the proposed coal
mining and reclamation operation may affect an alluvial valley floor or waters
supplied to an alluvial valley floor, the applicant shall submit a complete
application for the proposed coal mining and reclamation operation to be used
by the department together with other relevant information as a basis for
approval or denial of the permit. If an exclusion in (3) (a) (ii) above
applies, then the applicant need not submit the information required in (3) (c)
(ii) (B) and (C) below.
(ii) The
complete application must include detailed surveys and baseline data required
by the department for a determination of:
(A)
the characteristics of the alluvial valley floor that are necessary to preserve
the essential hydrologic functions throughout the mining and reclamation
process;
(B) whether the operation
will avoid during mining and reclamation the interruption, discontinuance, or
preclusion of farming on the alluvial valley floor;
(C) whether the operation will cause material
damage to the quantity or quality of surface or ground waters that supply the
alluvial valley floor;
(D) whether
the reclamation plan is in compliance with requirements of the Act, this
chapter, and regulatory program; and
(E) whether the proposed monitoring system
will provide sufficient information to measure compliance with ARM
17.24.801, 17.24.802, and
17.24.804 through 17.24.806, during and after mining and reclamation
operations.
(d) Information required under this section
must include, but not be limited to:
(i)
geologic data, including geologic structure, surficial geologic maps, and
geologic cross-sections;
(ii) soils
and vegetation data, including a detailed soil survey and chemical and physical
analyses of soils, a vegetation map and narrative descriptions of quantitative
and qualitative surveyors, and land use data, including an evaluation of crop
yields;
(iii) for surveys and data
required under this section (3) for areas designated as alluvial valley floors
because of their flood irrigation characteristics, at a minimum, surface
hydrologic data, including streamflow, runoff, sediment yield, and water
quality analyses describing seasonal variations over at least 1 full year,
field geomorphic surveys and other geomorphic studies;
(iv) for surveys and data required under this
section (3) for areas designated as alluvial valley floors because of their
subirrigation characteristics, at a minimum, geohydrologic data including
observation well establishment for purposes of water level measurements, ground
water contour maps, testing to determine aquifer characteristics that affect
waters supplying the alluvial valley floors, well and spring inventories, and
water quality analyses describing seasonal variations over at least 1 full
year, and physical and chemical analysis of overburden to determine the effect
of the proposed mining operations on water quality and quantity;
(v) plans showing how the operation will
avoid, during mining and reclamation, interruption, discontinuance or
preclusion of farming on the alluvial valley floors unless the premining land
type has been undeveloped rangeland which is not significant to farming and
will not materially damage the quantity or quality of water in surface and
ground water systems that supply alluvial valley floors;
(vi) maps showing farms and ranches that
could be affected by the mining and, if any farm or ranch includes an alluvial
valley floor, statements of the type and quantity of agricultural activity
performed on the alluvial valley floor and its relationship to the farm or
ranch's total agricultural activity including an economic analysis;
and
(vii) such other data as the
department may require.
(e) The surveys required by this section (3)
must identify those geologic, hydrologic, and biologic characteristics of the
alluvial valley floor necessary to support the essential hydrologic functions
of an alluvial valley floor. Characteristics that support the essential
hydrologic functions and that must be evaluated in a complete application
include, but are not limited to:
(i)
characteristics supporting the function of collecting water which include, but
are not limited to:
(A) the amount and rate
of runoff and a water balance analysis, with respect to rainfall,
evapotranspiration, infiltration and ground water recharge;
(B) the relief, slope, and density of the
network of drainage channels;
(C)
the infiltration, permeability, porosity and transmissivity of unconsolidated
deposits of the valley floor that either constitute the aquifer that is
hydraulically connected to the stream or the unsaturated valley fill below the
stream and above the alluvial aquifer; and
(D) other factors that affect the interchange
of water between surface streams and ground water systems, including the depth
to ground water, the direction of ground water flow, the extent to which the
stream and associated alluvial ground water aquifers provide recharge to, or
are recharged by bedrock aquifers;
(ii) characteristics supporting the function
of storing water which include, but are not limited to:
(A) slope, and vegetation of the channel,
flood plain, and low terraces that retard the flow of surface waters;
(B) porosity, permeability, water holding
capacity, saturated thickness and volume of aquifers associated with streams,
including alluvial aquifers, perched aquifers, and other water bearing zones
found beneath the valley floor; and
(C) moisture held in soils or the plant
growth medium within the alluvial valley floor, and the physical and chemical
properties of the subsoil that provide for sustained vegetation growth or cover
during extended periods of low precipitation;
(iii) characteristics supporting the function
of regulating the flow of water which include, but are not limited to:
(A) the geometry and physical character of
the valley, expressed in terms of the longitudinal profile and slope of the
valley and the channel, the sinuosity of the channel, the cross-section, slopes
and proportions of the channels, flood plains and low terraces, the nature and
stability of the streambanks and the vegetation established in the channels and
along the streambanks and flood plains;
(B) the nature of surface flows as shown by
the frequency and duration of flows of representative magnitude including low
flows and floods; and
(C) the
nature of interchange of water between streams, their associated alluvial
aquifers and any bedrock aquifers as shown by the rate and amount of water
supplied by the stream to associated alluvial and bedrock aquifers (i.e.,
recharge) and by the rates and amounts of water supplied by aquifers to the
stream (i.e., baseflow);
(iv) characteristics which make water
available and which include, but are not limited to the presence of land forms
including flood plains and terraces suitable for agricultural
activities.
(f)
(i) The findings of (ii) (A) and (B) below
are not required with regard to alluvial valley floors which meet any of the
exclusions of (3) (a) (ii) of this rule.
(ii) No permit or permit revision application
for coal mining and reclamation operations may be approved by the department
unless the application demonstrates in compliance with ARM 17.24.801,
17.24.802, and 17.24.804 through 17.24.806, and all other applicable
requirements of the Act and rules and the department finds, in writing, on the
basis of information set forth in the application, that:
(A) the proposed operations will not
interrupt, discontinue, or preclude farming on an alluvial valley
floor;
(B) the proposed operations
will not materially damage the quantity or quality of water in surface and
underground water systems that supply alluvial valley
floors.
AUTH: 82-4-205, MCA; IMP: 82-4-222, MCA
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