Rule: 17.24.116 Prev     Up     Next    
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Subchapter: Rules and Regulations Governing the Montana Hard Rock Mining Reclamation Act
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1) Applicant must obtain an operating permit for each mine complex on a form prescribed by the department.

(2) To obtain an operating permit the applicant shall pay a $500 fee.

(3) In addition to the information required by 82-4-335 (4) , MCA, an application for an operating permit must describe the following:

(a) the existing environment;

(b) soil salvage and stockpiling activities and measures to protect soil from erosion and contamination;

(c) provisions for the prevention of wind erosion of all disturbed areas;

(d) the design, construction, and operation of the mine, mill, tailings, and waste rock disposal facilities;

(e) the facilities, buildings, and capacity of mill or processing;

(f) the proposed date for commencement of mining, the minerals to be mined, and a proposed conceptual life of mine operations;

(g) the designs of diversions, impoundments, and sediment control structures to be constructed reflecting their safety, utility, and stability;

(h) the location of access, haul, and other support roads and provisions for their construction and maintenance that control and minimize channeling and other erosion;

(i) the source and volume of incoming ore, tailings, or waste rock;

(j) the equipment and chemicals to be used in the operation by location and task;

(k) the general chemical processes and the purpose, amount, and source of water used in the operation and the disposition of any process waste water or solutions;

(l) the ground and surface water monitoring programs to be implemented and a contingency plan addressing accidental discharges to ground or surface water;

(m) a fire protection plan;

(n) a toxic spill contingency plan with certification that notice of the filing of the plan has been provided to the state fire marshal;

(o) the sewage treatment facilities and solid waste disposal sites;

(p) the power needs and source(s) , including fuel storage sites;

(q) the anticipated employment including direct and onsite contract employees;

(r) the transportation network to be used during the construction and operation phases, including a list of the type and amount of traffic at mine or mill capacity;

(s) the predicted noise levels by activities during construction and operations;

(t) the protective measures for archaeological and historical values in the areas to be mined;

(u) the protective measures designed to avoid foreseeable situations of unnecessary damage to flora and fauna in or adjacent to the area.

(4) The application must include a map or maps to scale of the mine area and area to be disturbed (such map must locate the proposed mine and facilities and must locate and identify streams, and proposed roads, railroads, and utility lines in the immediate area and residences and wells within one mile of the permit area) . All maps provided in the application must have a uniform base, a scale, and a north directional arrow.

(5) The application must include a reclamation plan that meets the requirements of 82-4-336 , MCA, and this subchapter.

History: 82-4-321, MCA; IMP, 82-4-336, MCA; Eff. 12/31/72; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Eff. 4/9/99; AMD, 2002 MAR p. 3590, Eff. 12/27/02.


MAR Notices Effective From Effective To History Notes
12/27/2002 Current History: 82-4-321, MCA; IMP, 82-4-336, MCA; Eff. 12/31/72; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Eff. 4/9/99; AMD, 2002 MAR p. 3590, Eff. 12/27/02.
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