(1) The plan of operation must include the following site preparation, mining, and processing plan commitments and information:

(a) an access road and main permit area boundary markers section, including a statement that the operator has clearly marked on the ground the access road segments to be improved or constructed and the main permit area boundary segments that require marking, and will maintain the markings as required by this rule.  Road segments to be improved or constructed must be marked at every corner and along each segment so that the markers are easily visible with the naked eye from one to the next and no more than approximately 300 feet apart.  Those portions of the boundary defined by definite topographic changes, natural barriers, or man-made structures, or located in active hayland or cropland, need not be marked.  Other boundary segments must be marked at every corner and along each segment so that the markers are easily visible with the naked eye from one to the next and no more than approximately 300 feet apart.  Acceptable road and boundary markers include brightly colored, brightly painted, or brightly marked fenceposts, rocks, trees, and other durable objects.  A boundary marker must remain functional until the beginning of final reclamation of the area next to that marker;

(b) an access road establishment, use, and reclamation section, including:

(i) a statement that the operator will appropriately establish, use, and reclaim access roads, and downsize to the premine condition or totally reclaim these roads by retrieving and properly handling surfacing materials; backfilling and grading road locations in a manner that leaves stable surfaces blended into the surrounding topography and drainageways; and ripping, resoiling, reconditioning, and seeding or planting the locations with the approved vegetative species, unless the landowner requests in writing that specific roads or portions thereof remain open and the department approves the request; and

(ii) a description of the access roads or portions thereof to be improved or constructed, including their locations, lengths, widths, drainageway crossings, and surfacing; and of the roads or portions thereof proposed to remain open, per landowner request, at the conclusion of opencut operations, including their locations, intended uses, and final widths.  Some or all of this information may be presented on the site or area map.  Improvements include, but are not limited to, blading, widening, and surfacing.  A road or portion thereof may remain open for a reasonable postmining use and must be left in a condition suitable for that use;

(c) a mining, processing, and hauling section, including a description of the methods and equipment to be used to mine and process mine material, and to haul it and the products made from it.  The department may require a description of the anticipated general mining progression, including where the first stripping and excavation will occur, the direction mining will progress, and other relevant information.  The anticipated location and timing for the installation of facilities such as a screen, crusher, asphalt plant, wash plant, batch plant, pug mill, and other facilities may also be required;

(d) an hours of operation section, including a description of the proposed hours of operation.  The department may reasonably limit hours to reduce adverse impacts on residential areas.  A complete and accurate log that lists general on-site activities and the dates and times they occurred must be maintained for an opencut operation subject to restricted hours. Log information must be presented to the department upon request;

(e) a water protection and management section, including:

(i) a statement that the operator will take appropriate measures to protect on- and off-site surface water and ground water from deterioration of water quality and quantity that could be caused by opencut operations; take appropriate measures to prevent, minimize, or mitigate adverse impacts to on- and off-site surface water and ground water systems and structures that could be caused by opencut operations; keep non-mobile equipment above the ordinary high water level of surface water and ground water; appropriately establish, use, and reclaim opencut-operation-related hydrologic systems and structures; install or construct fuel storage containment structures in accordance with the current codes adopted by the state fire marshal for each single-wall, non-mobile, fuel storage tank placed and used in and within 500 feet of access roads and 1,000 feet of the main permit area; routinely inspect and maintain these tanks to prevent leaks and spills; retrieve and discard spilled fuel and contaminated materials in a lawful manner; and report to the department a fuel spill that reaches state waters, as defined in 75-5-103, MCA, or that is greater than 25 gallons. The department may require on- and off-site surface water and ground water quality and quantity monitoring before, during, and after opencut operations.  When opencut operations will cause the diversion, capture, or use of water, the operator shall consult with the regional office of the department of natural resources and conservation, water resources division, concerning water rights and submit a summary of that consultation with the plan of operation; and

(ii) a description of the source, quantity, storage, use, and discharge of water to be used for opencut operations; special measures to be used to protect on- and off-site surface water and ground water from deterioration of water quality and quantity; special measures to be used to prevent, minimize, or mitigate on- and off-site impacts on surface water and ground water systems and structures; water management and erosion control plans for surface disturbances that will intercept a drainageway, significant runoff, or ground water; measures to be used to protect the water rights of other parties or to replace an adversely affected water source that had a beneficial use; and fuel storage containment structures to be installed or constructed;

(f) a mine material handling section, including:

(i) a statement that the operator will keep mine material stockpiles out of drainage bottoms and off of slopes greater than 3:1, and a statement that, at the conclusion of opencut operations, the operator will, except as provided in (ii) below, remove from the permit area or bury all excavated or processed mine material, unless the landowner requests on the landowner consent form that specific types, grades, and quantities of mine material remain stockpiled; consolidate mine materials to remain stockpiled into piles of similar type and grade; and leave the quantity of soil that was stripped from the unreclaimed area under and around a mine material stockpile in a shaped and seeded pile within 100 feet of that stockpile.  The operator remains liable for the unreclaimed area under and around a mine material stockpile until the mine material is removed and the site reclaimed, or ownership of the stockpile or possession of the permit is transferred to the landowner or another party; and

(ii) a description of the types, grades, and quantities of mine material proposed to remain stockpiled, per landowner request, at the conclusion of opencut operations, and justifications for the quantities based on current and expected demand for the materials.  The department shall reject a landowner's request that certain mine materials remain stockpiled if adequate justification is not provided;

(g) a mined-area backfill section, including:

(i) a statement that the operator will use only clean fill from any source and on-site-generated asphaltic pavement as mined-area backfill; dispose of other wastes in compliance with applicable state laws and rules; bury on-site-generated asphaltic pavement, coarse clean fill, and other clean fill unsuitable for plant growth under at least three feet of material suitable for sustaining the postmining vegetation; and, at the conclusion of opencut operations, remove stockpiled asphaltic pavement, concrete with protruding metal, and clean fill from the permit area.  Clean fill consists of dirt, sand, fines, gravel, oversize rock, and concrete with no protruding metal.  On-site generated asphaltic pavement must be disposed of at least 25 feet above the ordinary high water table.  The operator may propose that excess on-site-generated overburden and fines be disposed of at a site outside of the mined area but within the permit area.  Fines consist of natural or crushed rock that is 1/4 inch or smaller; and

(ii) a description of the material types, estimated quantities, and fill designs for mined-area backfill, and of the plan for stockpiling and recycling imported asphaltic pavement and concrete;

(h) an additional impacts section, including a description of the methods and materials to be used to minimize impacts, as necessary, on the residential areas and structures identified under ARM 17.24.217(1) (e) ; repair or replace man-made structures affected by opencut operations within the permit area; and address other opencut operation impacts not addressed in other sections of the plan of operation; and

(i) an additional commitments section, including a statement that the operator will inform key personnel and subcontractors involved in opencut operations of the requirements of the plan of operation; take proper precautions to prevent wildfires; provide appropriate protection for cultural resources that could be affected by opencut operations and promptly notify the state historic preservation office should such resources be found; and submit an annual progress report to the department.

(2) Upon issuance of the permit, the operator shall comply with all commitments required by this rule and with the requirements for the conduct of operations contained in this rule.