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17.24.118    ANNUAL REPORT

(1) Each permittee shall file an annual report with the department and pay an annual fee of $100 within a time period specified in 82-4-339 , MCA, until such time as full bond is released.

(2) The annual report must include the information outlined under 82-4-339 , MCA. In addition, the annual report must include:

(a) the number of acres of land affected by the operation during the preceding year and cumulatively, as well as the disturbance status of incremental bond areas, if applicable;

(b) the extent of backfilling and grading performed during the preceding year and cumulatively;

(c) the area of land planted;

(d) the type of planting or seeding;

(e) the mixtures and amounts seeded;

(f) the species, location, and method of planting for site or species specific plantings;

(g) the date of seeding or planting;

(h) cumulative acres reseeded to date;

(i) cumulative acres of completed reclamation and the date each increment was completed; and

(j) maps showing the information required in (2)(a) through (i) .

(3) Each annual report must include an inventory of soils volumes which includes:

(a) cubic yards salvaged in the preceding year and cumulatively;

(b) cubic yards to be salvaged in the coming year;

(c) cumulative volume of soils contained in stockpiles; and

(d) replaced soil depths and volumes.

(4) Each annual report for those operations using cyanide or other metal leaching solvents or reagents or having the potential to generate acid must provide a narrative summary of water balance conditions during the preceding year and identify excess water holding capacity at the time of the annual report.

(5) When incremental bond has been approved, additional bond must be submitted, in the amount required, with the annual report and the status of incremental bonding must be described.

(6) If changes in facilities have occurred in the preceding year, the annual report must, pursuant to 82-4-339(1)(f) , MCA, update the permit map required under ARM 17.24.115. The updated map must depict all approved surface features, as required by the department, in or associated with the permit area, reproduced at a scale applicable for field use.

(7) If cultural resource mitigations identified in the permit will be ongoing through the life of the operation, the annual report must include an updated cultural resource management table, including a list of sites mitigated and disturbed in the preceding year and sites to be mitigated and disturbed in the coming year.

(8) If comprehensive water monitoring is required by the permit, field measurements and analytical results shall be submitted in electronic format according to the schedule in the approved monitoring plan. Each annual report must include:

(a) an evaluation of water monitoring data and trends, which may include a summary of reports or data submitted during the preceding year;

(b) field measurements, analytical results, and data validation from the preceding year, if not previously provided through the department's designated electronic system; and 

(c) time series trend analyses for those key site-specific parameters required by the department in the permit, if not previously provided through the department's designated electronic system.

(9) If site-specific geologic conditions identified in the permit indicate the need for geologic monitoring, each annual report must include monitoring results and must report materials balances as required in the permit.

(10) If site-specific closure requirements identified in the permit include monitoring for cyanide or other metal leaching solvent or reagent neutralization, acid rock drainage development, or similar occurrences, the annual report must include an evaluation of monitoring and testing data required in the permit for closure under 82-4-335, MCA.

(11) Each annual report must include the names of key personnel for maintenance and monitoring if the operation is shut down.

(12) Each annual report must include any other relevant information required by the permit.

(13) The department shall notify a permittee of a deficiency in reporting or failure to pay the full annual fee as required by this rule pursuant to ARM 17.24.132 and 82-4-362(3), MCA. A deficiency in reporting, as related to annual reports, includes a failure to file:

(a) an annual report;

(b) a complete annual report; or

(c) an accurate annual report.

History: 82-4-321, MCA; IMP, 82-4-335, 82-4-336, 82-4-337, 82-4-338, 82-4-339, 82-4-362, MCA; NEW, 1994 MAR p. 2952, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Eff. 4/9/99; AMD, 2000 MAR p. 473, Eff. 2/11/00; AMD, 2002 MAR p. 3590, Eff. 12/27/02; AMD, 2024 MAR p. 1060, Eff. 5/11/24.

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