Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.5 - Strip and Underground Mine Reclamation Act: Backfilling and Grading Requirements
Rule 17.24.501 - GENERAL BACKFILLING AND GRADING REQUIREMENTS
Current through Register Vol. 6, March 22, 2024
(1) Backfilling and grading of the disturbed area must be completed prior to removal of necessary reclamation equipment from the area of operation.
(2) Overburden and parting materials which are not conducive to revegetation techniques, establishment, and growth must not be left on the top nor within eight feet of the top of regraded spoils nor at the surface of any other affected areas, unless the applicant demonstrates to the department's satisfaction that a lesser depth will provide for reclamation consistent with the Act. The department may require that problem materials be placed at a greater depth.
(3)
(4) All final grading on the area of land affected must be to the approximate original contour of the land in accordance with 82-4-232(1), MCA.
(5) The disturbed area must be blended with surrounding and undisturbed ground to provide a smooth transition in topography.
(6) Backfilling and grading must be kept current with mining operations. To be considered current, backfilling and grading must meet the following requirements, unless otherwise approved by the department upon adequate written justification and documentation provided by the operator:
(7) The operator shall notify the department, in writing, upon detection of grading problems that would result in topography not consistent with the approved postmine topography.
AUTH: 82-4-205, 82-4-231, MCA; IMP: 82-4-231, 82-4-232, MCA