Mont. Admin. r. 17.24.1225

Current through Register Vol. 23, December 6, 2024

Rule 17.24.1225 - SMALL OPERATOR ASSISTANCE PROGRAM: DATA REQUIREMENTS

(1) The department shall determine the data collection requirements for each applicant based on:

(a) the extent of currently available hydrologic, core analysis, and other resource or environmental data for the applicable area; and

(b) the data collection and analysis requirements of subchapter 3 and any other applicable portions of these rules.

(2) Data collection and the results provided must be sufficient to satisfy the requirements for:

(a) a determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off-site.

(i) The data required for this determination must be collected pursuant to ARM 17.24.304(1) (e) and (1) (f);

(ii) The determination of probable hydrologic consequences must be made pursuant to ARM 17.24.314;

(iii) The report of the determination must include engineering analyses and designs necessary for the determination;

(b) a statement of the results of test borings or core samplings from the proposed permit area, including information on overburden and coal, as required by ARM 17.24.304(1) (g) (i) and 17.24.322(2) (a);

(c) the preparation of maps, cross-sections, and plans under subchapter 3 to the extent allowed by 30 CFR 779.25 and 783.25;

(d) cultural and historic information pursuant to ARM 17.24.304(1) (b) and (1) (d) and the development of mitigation measures pursuant to ARM 17.24.318;

(e) preblasting surveys pursuant to ARM 17.24.622;

(f) climatological information and an air pollution control plan pursuant to ARM 17.24.304(1) (h) and 17.24.311, respectively;

(g) a vegetation survey and revegetation plan pursuant to ARM 17.24.304(1) (i) and 17.24.313(5) and applicable rules in subchapter 7, respectively;

(h) a fish and wildlife survey and a fish and wildlife plan pursuant to ARM 17.24.304(1) (j) and 17.24.312, respectively;

(i) a soil survey and a soil salvage and redistribution plan pursuant to ARM 17.24.304(1) (k) and 17.24.313(1) (f) and applicable rules in subchapter 7, respectively; and

(j) a statement of the condition, capability and productivity of the land pursuant to ARM 17.24.304(1) (l).

(3) The statement under (2) (b) may be waived by the department by a written determination that such requirements are unnecessary with respect to the specific permit application.

(4) Data collected under this program must be made available to all interested persons.

Mont. Admin. r. 17.24.1225

NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2024 MAR p. 260, Eff. 2/10/2024

AUTH: 82-4-205, MCA; IMP: 82-4-221, MCA