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Rule Title: PLAN OF OPERATION--MAPS
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Department: ENVIRONMENTAL QUALITY
Chapter: RECLAMATION
Subchapter: Rules and Regulations Governing the Opencut Mining Act
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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17.24.221    PLAN OF OPERATION--MAPS

(1) An application must include a site map, area map, reclamation map, location map, and other maps necessary to describe the proposed opencut operation. Except as provided in (6), maps submitted to the department in accordance with this subchapter must be legible, on an air-photo base, and in a scale sufficient to clearly describe the subject matter. An application supported by a map submitted in an electronic format that is incompatible with the department's systems, that cannot be reviewed, or that is otherwise illegible is not acceptable. A map submitted in other than electronic format must fill an 8 1/2- by 11- or 11- by 17-inch sheet leaving margins of approximately 1/2 inch. 

(2) The following items must be shown and labeled on each map submitted to the department: operator name; site name; legal description of the proposed permit area; bar scale; date of drafting; and north arrow.

(3) Site maps must show and identify the following existing and proposed features as applicable:

(a) permitted access roads, including the location, width, waterway crossings, and surfacing;

(b) permit boundaries;

(c) bonded area boundary;

(d) non-bonded area boundary;

(e) excess overburden and fines disposal sites;

(f) sedimentation ponds and other water quality control structures;

(g) staging areas;

(h) heavy equipment parking areas;

(i) fuel storage areas;

(j) sight and sound barriers and berms;

(k) soil stockpile areas;

(l) overburden and excess overburden stockpile areas;

(m) material stockpile areas;

(n) processing facilities, including approximate locations of:

(i) crusher;

(ii) asphalt plant;

(iii) wash plants; and

(iv) concrete plant;

(o) detention ponds;

(p) concrete and asphalt recycling stockpile area;

(q) soil and overburden test hole and observation point locations;

(r) existing and proposed monitoring well locations;

(s) water system and structures, including:

(i) supply wells;

(ii) water recycling and settling ponds;

(iii) surface water extraction points;

(iv) discharge points for water used in opencut operations; and 

(v) all surface waters including, but not limited to, ponds, lakes, wetlands, and defined and/or eroded channels of waterways including, but not limited to, rivers, creeks, intermittent streams, drainages, ditches, and other waterways;

(t) above and below ground utilities and easements;

(u) roads crossing areas where opencut activities are prohibited by ARM 17.24.218(1)(j) at a 90-degree angle or as close to a 90-degree angle as site conditions allow;

(v) erosion controls;

(w) historic disturbances within or adjacent to permit area boundary;

(x) the data point and map identification number for each pair of coordinates the operator provided on the boundary coordinate table that is required by (8); and

(y) any other pertinent features that are necessary to ensure compliance with the Act and rules.

(4) Area maps must show and identify the following features within 1,000 feet outside of the permit boundary:

(a) roads leading to the site;

(b) access roads from the public road turnoff to the permit area (if roads go beyond the area map, show the full extent on the location map) including the location, width, waterway crossings, and surfacing;

(c) water wells;

(d) natural and man-made drainage features including, but not limited to, ephemeral, intermittent, and perennial streams, wetlands, ponds, springs, ditches, and impoundments in and within 500 feet of access roads and show the defined

and/or eroded channel of any such feature and any setback areas, along with a description of the use of any man-made feature;

(e) other opencut operations;

(f) above and below ground utilities;

(g) significant geographical features;

(h) residential areas and structures that could be impacted by opencut operations, such as inhabitable dwellings and commercial and industrial facilities; and

(i) any other pertinent features that are necessary to ensure compliance with the Act and this subchapter.

(5) Reclamation maps must show and identify all the following existing and proposed features in accordance with the plan of operation:

(a) all postmining land uses;

(b) mined area backfill sites;

(c) landowner material stockpile areas to remain;

(d) all roads or portions of roads proposed to remain open, at the request of the landowner, at the conclusion of opencut operations, including road locations, intended use, final width, and surfacing;

(e) long and short axis cross-sections of any pond or depression in which water is expected to collect;

(f) arrows depicting the anticipated direction of water flow across the reclaimed site; and

(g) any other pertinent features that are necessary to ensure compliance with the Act and this subchapter.

(6) The location map may be on an aerial or topo base and must show the site's location in relation to the nearest town, city, or major intersection and be sufficient to allow the public to locate the proposed site.

(7) Complete and accurate maps must be submitted. The department may require that part or all of the area in and within 500 feet of permitted access roads and 1,000 feet of the permit area be surveyed to provide sufficient map detail and accuracy.

(8) Marker, road, and boundary locations that must be marked in the field under ARM 17.24.218(1)(a) and markers, roads, and boundaries located in hayland or cropland must be provided on a boundary coordinate table form or through another method approved by the department.

History: 82-4-422, MCA; IMP, 82-4-402, 82-4-422, 82-4-423, 82-4-431, 82-4-434, MCA; NEW, 2004 MAR p. 317, Eff. 2/13/04; AMD, 2016 MAR p. 513, Eff. 3/19/16.


 

 
MAR Notices Effective From Effective To History Notes
17-376 3/19/2016 Current History: 82-4-422, MCA; IMP, 82-4-402, 82-4-422, 82-4-423, 82-4-431, 82-4-434, MCA; NEW, 2004 MAR p. 317, Eff. 2/13/04; AMD, 2016 MAR p. 513, Eff. 3/19/16.
2/13/2004 3/19/2016 History: 82-4-422, MCA; IMP, 82-4-402, 82-4-422, 82-4-423, 82-4-431, 82-4-434, MCA; NEW, 2004 MAR p. 317, Eff. 2/13/04.
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