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(1) The prospector shall limit vehicular travel on other than established graded and surfaced roads to the minimum that is necessary to conduct the prospecting.   Travel must be confined to graded and surfaced roads during periods when excessive damage to vegetation or erosion of the land surface could result.

(2) Any new roads or other transportation facilities constructed for prospecting activities must meet the requirements of ARM 17.24.601 through 17.24.608 and 17.24.609(2).

(3) Existing roads and transportation facilities may be used for prospecting in accordance with the following:

(a) All applicable federal, state, and local requirements must be met.

(b) Whenever the road is significantly altered, including, but not limited to, change of grade, widening, or change of route, or if use of the road contributes additional suspended solids to streamflow or runoff, ARM 17.24.1009 applies to all areas of the road that are altered or that result in additional contributions.

(c) Whenever the road or other transportation facility is substantially disturbed by prospecting, the design, construction, alteration, maintenance, and reclamation of the road must meet the appropriate requirements of ARM 17.24.601 through 17.24.608 and 17.24.609(2).


History: 82-4-205, MCA; IMP, 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1995 MAR p. 31, Eff. 1/13/95; TRANS, from DSL, 1996 MAR p. 3042; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2024 MAR p. 258, Eff. 2/10/24.

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