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(1) Roads through permitted areas must not delay or prevent recontouring and revegetation on immediately adjacent spoils, unless otherwise approved by the department for documented and justified reasons related to the needs of the mining operation or improved reclamation.

(2) Access and haul roads must be graded, constructed, and maintained according to sound engineering and construction practices to incorporate appropriate limits for grade, width, surface material, surface-drainage control, culvert placement, and any other design criteria established by the department.

(3) Cut slopes must not be more than 1v:1.5h in unconsolidated materials or 1v:0.25h in rock.

(4) Temporary erosion-control measures must be utilized as necessary during construction to control sedimentation and minimize erosion until permanent control measures can be established.

(5) All cut and fill slopes must be resoiled and revegetated, or otherwise stabilized, at the first seasonal opportunity.

(6) To the extent possible using the best technology currently available (BTCA) , roads and railroad loops must not cause damage to fish, wildlife, and related environmental values and must not cause additional contributions of suspended solids to streamflow or to runoff outside the permit area or otherwise degrade the quantity or quality of surface or ground water.

(7) Roads and railroad loops must not be built with or surfaced with waste coal, or acid, acid-producing, toxic, or toxic-producing materials. Surface material must be suitable for the anticipated volume, weight, and speed of traffic.

(8) Following construction or reconstruction of each haul road, access road, and railroad loop, the operator shall submit to the department a report, prepared by a qualified licensed professional engineer experienced in the design and construction of roads or railroad loops, as applicable, stating that the road or railroad loop was constructed or reconstructed in accordance with the plan approved pursuant to ARM 17.24.321.

(9) All appropriate methods, as approved by the department must be employed by the operator to prevent loss of road surface material in the form of dust.

(10) Immediately upon abandonment of any road or railroad loop, the area must be reclaimed in accordance with the approved plan. If necessary, embankment and fill materials must be hauled away and disposed of properly. All bridges and culverts must be removed and natural drainage patterns restored. Adequate measures must be taken to prevent erosion.

(11) Upon completion of mining and reclamation activities, each road and railroad loop must be reclaimed unless retention of the road or railroad loop is part of the approved postmining land use pursuant to ARM 17.24.762 and the landowner requests in writing and the department concurs that the road, railroad loop, or specified portion(s) thereof be retained. In such event, necessary maintenance must be assured by the operator or landowner and drainage of the road or railroad loop must be controlled according to the provisions of ARM 17.24.601 through 17.24.610 while the road or railroad loop is under permit.

History: 82-4-204, MCA; IMP, 82-4-231, 82-4-232, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04.

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