Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.7 - Strip and Underground Mine Reclamation Act: Topsoiling, Revegetation, and Protection of Wildlife and Air Resources
Rule 17.24.764 - CROPLAND RECLAMATION
Universal Citation: MT Admin Rules 17.24.764
Current through Register Vol. 6, March 22, 2024
(1) The department may not approve a postmining land use of cropland unless the following criteria are met:
(a) prior to mining, all soils
within the proposed cropland reclamation area must have been at least
capability class IV, based on U.S. natural resources conservation service
criteria;
(b) soils proposed for
use must have the following properties:
(i)
loamy texture, as defined by the U.S. soil conservation service in the Soil
Survey Manual, chapter 4 as revised May, 1981, pp. 4-56 and 4-57;
(ii) rock fragment (gravels, cobbles, and
channers only) contents less than 20% in the first lift and less than 35% in
the second lift;
(iii) after
materials are replaced, no greater than moderate wind and water erosion hazards
as determined by U.S. natural resources conservation service procedures;
and
(iv) levels of electrical
conductivity, sodium adsorption ratio, and plant available water-holding
capacity meeting the criteria for class III soils according to the "Land
Capability Guide for Montana, U.S. Soil Conservation Service, June 1988", which
is incorporated by reference into this rule. A copy of this document may be
obtained from the Natural Resources Conservation Service, 10 E. Babcock St.,
Bozeman, MT 59715;
(c)
soil materials must be capable of selection and handling in such a way, and
redistribution to such a thickness, and the underlying regraded spoil
properties must be of sufficient quality, that the postmining productivity of
the root zone will be sufficient to support cropland as the postmining land
use;
(d) slope gradients must not
exceed 8%;
(e) the area must
receive a minimum of 12 inches average annual precipitation, or there must be
sufficient irrigation water available and committed to maintain crop
production;
(f) the area must not
be subject to flooding that would impair its suitability as cropland due to
flood effects including, but not limited to, erosion, siltation, and
inundation;
(g) the area must have
a minimum of 90 frost-free days per year; and
(h) the department must determine that:
(i) saline seep on the proposed cropland area
will not occur; and
(ii) the
reclaimed area will not function as a saline seep recharge area for lands
downgradient.
(2) The operator shall comply with the following requirements in reclaiming to cropland:
(a)
(i)
soil materials must be selected and handled in such a way and redistributed to
such a thickness, and the underlying regraded spoil properties must be of
sufficient quality such that the postmining productivity of the root zone will
be sufficient to support cropland as the postmining land use.
(ii) the following minimum requirements must
be met:
(A) soils must be replaced to a
minimum thickness of 24 inches; and
(B) the root zone thickness must be
consistent with the requirements of ARM
17.24.501(2);
(b) if necessary to
protect replaced soil materials from wind and water erosion, or if necessary to
enhance soil productivity, stability or the capacity for root penetration, a
grass-legume mixture must be planted and maintained as determined by the
department; and
(c) soil amendments
must be added in accordance with ARM
17.24.718.
AUTH: 82-4-205, MCA; IMP: 82-4-233, 82-4-235, MCA
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