17.24.305    MAPS

(1) The application must contain maps including the following information:

(a) the owners of record of the surface of the land to be affected by the permit and the owners of record of all surface area within 1/2 mile of any part of the affected area;

(b) the owners of record of all subsurface minerals in the land to be affected;

(c) the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin mining activities;

(d) the boundaries of all areas proposed to be affected over the estimated total life of the proposed mining operations, with a description of size, sequence, and timing of the mining of subareas for which it is anticipated that additional permits will be sought, and any cropline of the mineral to be mined;

(e) the names and locations of roads, buildings, facilities, cemeteries, oil and gas wells, pipelines, utility lines and corridors, and strip or underground mines on the permit area and within 1,000 feet of such area;

(f) the location and boundaries of any proposed reference areas for determining the success of revegetation;

(g) the locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area and those surface waters which will receive discharges from affected areas in the proposed mine plan area;

(h) the boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the national register of historic places and known archeological sites within the mine plan or adjacent areas;

(i) any land within the proposed mine plan area and adjacent area that is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under section (5)(a) of the Wild and Scenic Rivers Act;

(j) the lands proposed to be affected throughout the operation, including the pre-mine topography, and any change in a facility or feature to be caused by the proposed operations;

(k) the area of land to be affected within the proposed mine plan area, according to the sequence of mining and reclamation;

(l) each area of land for which a performance bond or other equivalent guarantee will be posted;

(m) each mineral storage, cleaning or loading area and each soil, spoil, coal waste, garbage or other debris storage area;

(n) elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

(o) each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;

(p) each air pollution collection and control facility;

(q) each source of waste and each waste disposal facility relating to processing or pollution control;

(r) the location of proposed postmine revegetation communities and proposed fish, wildlife, and related environmental enhancement features;

(s) each explosives storage and handling facility;

(t) the location of each sedimentation pond and permanent water impoundment in accordance with ARM 17.24.315 and the location of each fill area for the disposal of excess spoil in accordance with ARM 17.24.308;

(u) the date on which each map was prepared and the north point; a legend indicating the items shown on the map, the scale, and the contour interval; the township, range, and section numbers;

(v) grid coordinates based upon the 1000-meter universal transverse mercator system for maps, as determined by the department, that are necessary to do cumulative hydrologic impact assessments and alluvial valley floor determinations;

(w) the final surface and underground water drainage plan on and away from the area of land affected. This plan must indicate the direction and volume of flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving the discharge;

(x) the location of the test boring holes;

(y) the surface location lines of any geologic cross sections that have been submitted; and

(z) the location and extent of subsurface water, if encountered, and the names and location of surface water bodies, including springs, constructed or natural drains, and irrigation ditches, within the proposed mine plan and adjacent areas.

(2) Maps must be prepared in accordance with the following procedures:

(a) Each map containing information pursuant to (1) must be certified as follows. "I, the undersigned, hereby certify that this map is correct and shows to the best of my knowledge and belief all the information required by the mining laws of this state.. The certification must be signed and notarized in affidavit form. If the certification is submitted as a document separate from the map(s) , it must be in affidavit form. The department may reject a map as incomplete if its accuracy is not so attested.

(b) Maps, plans, and cross-sections required under (1)(d), (e), (j), (k), (l), (m), (o), (p), (q), (s), (t), (x), and (z) must be prepared by, or under the direction of, and certified by a qualified licensed professional engineer, with assistance from experts in related fields, except that:

(i) maps and cross-sections required under (1) (d), (l), (m), (o), (p), (s), (t), (x) and (z) may be prepared by, or under the direction of, and certified by a qualified licensed professional land surveyor with assistance from experts in related fields; and

(ii) maps, plans, and cross-sections for sedimentation ponds and spoil disposal facilities may be prepared only by a qualified licensed professional engineer.

(c) All detail on maps must be clearly legible.

(3) Maps other than those outlined in (1) and (2) necessary to meet the requirements of this rule or other rules adopted pursuant to the Act must also be certified as in (2)(a).

 

History: 82-4-205, MCA; IMP, 82-4-222, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1990 MAR p. 936, Eff. 5/18/90; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2024 MAR p. 255, Eff. 2/10/24.