Montana Code 82-4-434. Plan of operation — requirements
82-4-434. Plan of operation — requirements. (1) The department shall accept a plan of operation if the department finds that the plan complies with the requirements of this part and the rules adopted pursuant to this part and that after the opencut operation is completed, the affected land will be reclaimed to a productive use. Once the plan of operation is accepted by the department, it becomes a part of the permit but is subject to annual review and amendment by the department. Any amendment by the department must comply with the provisions of 82-4-436(2).
Terms Used In Montana Code 82-4-434
- 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
- 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
- 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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
(2)A plan of operation must provide:
(a)that the affected land will be reclaimed for one or more specified uses, including but not limited to agriculture, forest, pasture, orchard, cropland, residence, recreation, industry, habitat for wildlife, including food, cover, or water, or other reasonable, practical, and achievable uses;
(b)that soil and other suitable overburden will be salvaged and replaced on affected land, when required by the postmining land use, after completion or termination of that particular phase of the opencut operation. The depth of soil and other suitable overburden to be placed on the reclaimed area must be specified in the plan.
(c)that grading will result in a postmining topography conducive to the designated postmining land use;
(d)that waste will be buried on site in a manner that protects water quality and is compatible with the postmining land use or will be disposed of off site in accordance with state laws and rules;
(e)that all access, haul, and other support roads will be located, constructed, and maintained in a manner that controls and minimizes erosion;
(f)that archaeological and historical values on affected lands will be given legally required protection;
(g)that except for those postmining land uses that do not require vegetation, each surface area of the mined premises that will be disturbed will be revegetated when its use for the opencut operation is no longer required;
(h)that seeding and planting will be done in a manner to achieve a permanent vegetative cover that is suitable for the postmining land use and that retards erosion;
(i)that reclamation will be as concurrent with the opencut operation as feasible and will be completed within a specified length of time;
(j)a declaration by the operator that the operator will comply with applicable federal, state, county, or local regulations, ordinances, and permits, licenses, and approvals for the operation;
(k)for the construction of berms between the opencut operation and residences located within 300 feet of the permit boundary; and
(l)procedures to prevent physical harm to water conveyance facilities or that allow the owner of a water conveyance facility to authorize in writing the relocation or disturbance of the water conveyance facility.
(3)If reclamation according to the plan of operation is not completed in the time specified, the department may:
(a)pursue an administrative order pursuant to 82-4-441;
(b)after 30 days’ written notice, order the operator to cease mining and, if the operator does not cease, issue an order to reclaim, a notice of violation, or an order of abatement;
(c)institute an action to enjoin further operation; or
(d)on request of the operator:
(i)extend the timeframe for reclamation-only activities, including revegetation, up to 5 years by submitting the request on a form furnished by the department and provide an updated landowner consultation form and bond, as appropriate; or
(ii)change the postmine land use by submitting the request on a form furnished by the department and provide an updated landowner consultation form and bond, as appropriate.
(4)(a) At any time during the term of the permit, the operator may for good reason submit to the department a new plan of operation or amendments to the existing plan, including extensions of time for reclamation.
(b)The department may approve the proposed new plan of operation or amendments to the existing plan if:
(i)the new plan of operation or amendments comply with the requirements of this section; and
(ii)(A) the operator has in good faith conducted opencut operations according to the existing plan of operation; or
(B)it is highly improbable that reclamation will be successful unless the existing plan of operation is replaced or amended.
(5)The permit, plan of operation, and amendments accepted by the department are a public record and are open to inspection.