Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.8 - Strip and Underground Reclamation Act: Alluvial Valley Floors, Prime Farmlands, Alternate Reclamation, and Auger Mining
Rule 17.24.823 - ALTERNATIVE POSTMINING LAND USES: APPROVAL OF PLAN
Universal Citation: MT Admin Rules 17.24.823
Current through Register Vol. 6, March 22, 2024
(1) The department may approve a proposed alternative postmining land use if all of the following criteria are met:
(a) the
requirements of
82-4-232(8) and
(9), MCA;
(b) the proposed postmining land use is
compatible, where applicable, with existing local, state or federal land use
policies or plans relating to the permit area. Demonstration of compatibility
with land use policies and plans must include, but is not limited to:
(i) written statement of the authorities with
statutory responsibilities for land use policies and plans submitted pursuant
to ARM 17.24.821(2);
and
(ii) as applicable, obtaining
any required approval, including any necessary zoning or other changes required
for land use by local, state or federal land management agencies. This approval
must remain valid throughout the strip or underground mining
operations;
(c) specific
plans are submitted to the department that show the feasibility of the
postmining land use as related to projected land use trends and markets and
that include a schedule showing how the proposed use will be financed,
developed, and achieved within a reasonable time after mining and how it will
be sustained. These plans must be supported, if appropriate, by letters of
commitment from parties other than the operator;
(d) as applicable, provision of any necessary
public facilities is ensured as evidenced by letters of commitment from parties
other than the operator as appropriate, to provide the public facilities in a
manner compatible with the plans submitted;
(e) plans for the postmining land use are
designed under the general supervision of a licensed professional engineer, or
other appropriate professional, to ensure that the plans conform to applicable
accepted standards for adequate land stability, drainage, and aesthetic design
appropriate for the postmining use of the site;
(f) the use will not involve unreasonable
delays in reclamation; and
(g)
appropriate measures submitted by state and federal fish and wildlife
management agencies to prevent or mitigate adverse effects on fish, wildlife,
and related environmental values and threatened or endangered plants have been
incorporated into the plan.
AUTH: 82-4-205, MCA; IMP: 82-4-232, MCA
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