Montana Code 82-4-431. Permit for mining, processing, and reclamation required
82-4-431. Permit for mining, processing, and reclamation required. (1) Except as provided in subsections (2) and (3), a permit is required for an operator who:
Terms Used In Montana Code 82-4-431
- Affected land: means the area of land and land covered by water that is disturbed by opencut operations. See Montana Code 82-4-403
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Amendment: means a change to the approved permit. See Montana Code 82-4-403
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-403
- Landowner: means the holder of legal title to land subjected to an opencut operation. See Montana Code 82-4-403
- Materials: means bentonite, clay, scoria, peat, sand, soil, gravel, or mixtures of those substances. See Montana Code 82-4-403
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Opencut operation: means activities conducted for the primary purpose of sale or utilization of materials, including:
(a)mine site preparation;
(b)(i) removing the overburden and mining directly from the exposed natural deposits; or
(ii)mining directly from natural deposits of materials;
(c)processing of materials mined from the natural deposits, except that processing facilities located more than 300 feet from where materials were mined or are permitted to be mined are not part of the opencut operation;
(d)transporting, depositing, staging, and stockpiling of overburden and materials unless the activity occurs more than 300 feet from where the materials were mined or are permitted to be mined;
(e)storing or stockpiling of materials at processing facilities that are part of the opencut operation;
(f)reclamation of affected land; and
(g)parking or staging of vehicles, equipment, or supplies unless:
(i)the activity is separated from other opencut operations by at least 25 feet and is connected to the opencut operation by a single road that is no more than 25 feet wide; or
(ii)the activity is inside the construction disturbance area shown on a construction project plan. See Montana Code 82-4-403
- Operator: means a person who holds a permit issued pursuant to this part. See Montana Code 82-4-403
- Overburden: means the earth that lies above a natural deposit of materials. See Montana Code 82-4-403
- Plan of operation: means a plan that:
(a)meets the requirements of 82-4-434; and
(b)contains a description of current land use, topographical data, hydrologic data, soils data, proposed mine areas, proposed mining and processing operations, proposed reclamation, and appropriate maps. See Montana Code 82-4-403
- Property: means real and personal property. See Montana Code 1-1-205
- Reclamation: means the reconditioning of affected land to make the area suitable for productive use, including but not limited to forestry, agriculture, grazing, wildlife, recreation, or residential or industrial development. See Montana Code 82-4-403
- Soil: means the dark or root-bearing surface matter that has been generated through time by the interaction of biological activity, climate, topography, and parent material and that is capable of sustaining plant growth and is recognized and identified as such by standard authorities and methods. See Montana Code 82-4-403
- Water conveyance facilities: means existing diversions, aqueducts, canals, ditches, drains, flumes, headgates, syphons, or other structures or infrastructure actively used to facilitate the beneficial use of a water right under Title 85. See Montana Code 82-4-403
- Writing: includes printing. See Montana Code 1-1-203
(a)conducts an opencut operation that results in the removal of more than 10,000 cubic yards of materials and overburden; or
(b)conducts an opencut operation where less than 10,000 cubic yards of materials and overburden are removed from the site and:
(i)the open cut operation affects surface water, including intermittent or perennial streams, ground water, or water conveyance facilities; or
(ii)has never held a permit pursuant to this part.
(2)(a) An operator who holds a permit under this part may conduct a limited opencut operation without first securing an additional permit or an amendment to an existing permit if the limited opencut operation meets the following criteria:
(i)the area to be disturbed by the limited opencut operation is located more than one-half mile from the operator’s nearest existing limited opencut operation;
(ii)the total amount of materials and overburden removed does not exceed 10,000 cubic yards and the total area from which the materials and overburden are removed does not exceed 5 acres;
(iii)the operator:
(A)submits appropriate site and opencut operation information on a limited opencut operation form provided by the department;
(B)within 1 year of the department’s receipt of the limited opencut operation form, salvages all soil from the area to be disturbed, removes the materials, grades the affected land to 3:1 or flatter slopes, blends the graded land into the surrounding topography, replaces an appropriate amount of overburden and all soil, and reclaims to conditions present prior to mining all access roads used for the operation unless the landowner requests in writing that specific roads or portions of the roads remain open. Roads left open at the landowner’s request must be sized to support the use of the road after opencut operations.
(C)at the first seasonal opportunity, seeds or plants all affected land with vegetative species that meet the requirements of 82-4-434; and
(iv)the limited opencut operation is not:
(A)in intermittent or perennial streams;
(B)in an area where the opencut operation will affect surface water, ground water, a water conveyance facility, or any slope that is steeper than 3:1;
(C)in an area where mining would be restricted by other laws; or
(D)in violation of local zoning regulations adopted under Title 76, chapter 2.
(b)At the operator’s request and with department approval, the operator may have up to 1 additional year to perform the reclamation required by subsection (2)(a)(iii), provided the operator does not apply to extend or continue the limited opencut operation pursuant to subsection (2)(c).
(c)(i) An operator who commences a limited opencut operation pursuant to subsection (2)(a) may apply for a permit to continue or expand that opencut operation pursuant to the provisions of this subsection (2)(c).
(ii)The permit application must be complete within 180 days of the department’s receipt of the limited opencut operation form.
(iii)If the complete permit application is acceptable within 1 year of the department’s receipt of the limited opencut operation form, the provisions of subsections (2)(a)(iii)(B) and (2)(a)(iii)(C) do not apply and reclamation must be conducted as prescribed in the permit.
(iv)If the complete permit application is not acceptable within 1 year of the department’s receipt of the limited opencut operation form, the application is considered abandoned and void. Starting 3 days after the department notifies the applicant that the application is considered abandoned and void, the applicant has 180 days to complete the reclamation provided for in subsections (2)(a)(iii)(B) and (2)(a)(iii)(C).
(v)If the permit application is withdrawn by the applicant within 1 year of the department’s receipt of the limited opencut operation form, the reclamation provided for in subsections (2)(a)(iii)(B) and (2)(a)(iii)(C) must be completed within 180 days of the date of the withdrawal.
(3)A landowner may remove up to 10,000 cubic yards of opencut materials on the landowner’s property for personal or agricultural uses without obtaining a permit, unless the removal affects surface water, including intermittent or perennial streams, ground water, or water conveyance facilities.
(4)The department may deny an application for issuance of a permit under subsection (1) or may prohibit the operator from conducting a limited opencut operation under subsection (2)(a) if, at the time of application or notification, the operator has a pattern of violations or is in current violation of this part, rules adopted under this part, or provisions of a permit.
(5)A permit is effective when the department provides written notice to the applicant that the information and materials provided to the department meet the requirements of this part and rules adopted pursuant to this part.
(6)(a) Except as provided in subsection (6)(b), a permit issued under this part expires on the reclamation date proposed by the operator and approved by the department.
(b)Prior to the expiration of a permit:
(i)the operator may file an application to amend the plan of operation to extend the reclamation date pursuant to 82-4-434(4)(a);
(ii)the department may amend the plan of operation pursuant to 82-4-436;
(iii)the department may revoke the permit pursuant to 82-4-442;
(iv)the operator and the department may agree to terminate the permit upon mutual written consent;
(v)(A) for a site permitted or for which an amendment was approved in 2010 or later, the operator may apply to extend the reclamation date on a site by submitting a form furnished by the department and provide an updated landowner consultation form and bond, if applicable; or
(B)for a site permitted or for which an amendment was approved prior to 2010, the department may use its discretion to allow the operator to request an extended reclamation date pursuant to subsection (6)(b)(v)(A); or
(vi)the operator may change the postmine land use on a site by submitting the request on a form furnished by the department and provide an updated landowner consultation form and bond, if applicable.
(7)The expiration or termination of a permit issued under this part does not relieve an operator from the obligation to conduct reclamation as required by the plan of operation or the liability for costs of reclamation exceeding the amount of the bond.