17.24.208    ADDITIONAL REQUIREMENTS FOR SOIL MINES

(1) In addition to the requirements imposed by ARM 17.24.203, 17.24.206, and 17.24.218 through 17.24.222, the operator must submit, as part of the application for soil mining, soil and overburden characterization and handling sections as specified in ARM 17.24.218(1)(c) and (d).  

(2) The operator must salvage the top 24 inches of soil for reclamation, or if the operator intends to mine any portion of the top 24 inches of soil, the operator must provide testing and analysis demonstrating that a minimum of 24 inches of growth media remains and that it is capable of supporting the proposed postmining land use.  Required analysis of the remaining 24 inches of soil and overburden must include:

(a) pH;

(b) electrical conductivity;

(c) sodium adsorption ratio;

(d) percent sand, silt, clay, and rock; and

(e) additional characteristics the department may require.

(3) A soil analysis required under (2) must describe:

(a) the identifying number and depth of each sample taken;

(b) the methods by which the samples were taken;

(c) the names and addresses of the persons who took the samples;

(d) the analytical methods used; and

(e) the names and addresses of the persons who analyzed the samples.

(4) A soil analysis required by (2) must be accompanied by a map that describes:

(a) the soil types identified in the top 24 inches removed from the site;

(b) the soil types identified in the 24 inches to remain for reclamation;

(c) the location and depth of each sample taken;

(d) thicknesses of soil and overburden to be stripped for each soil type; and

(e) the dominant vegetative species present on each soil type.

(5) A soil analysis required under (2) must include within the application the above sampling information and a detailed summary that demonstrates the remaining soil can meet the proposed postmining land use.

History: 82-4-422, MCA; IMP, 82-4-432, 82-4-434, MCA; NEW, 2022 MAR p. 2009, Eff. 10/8/22.