36.25.612    MINIMIZATION OF DISTURBANCE

(1) The lessee shall prospect and explore for metalliferous minerals or gems with the minimum disturbance to the surface of the land which is required to adequately explore the property. Furthermore, all mining operations shall be conducted in such a manner as to protect property and resources from disturbance which is not reasonably necessary in order to efficiently and economically remove the mineral deposit.

(2) The lessee shall enclose and maintain all shafts, tunnels and other openings in order to protect livestock and humans from dangerous conditions.

(3) The lessee shall not cut any timber on leased land for use in its operations without the written consent of the department. The lessee shall pay the customary charges for such timber if consent is obtained.

(4) The lessee shall comply with all applicable state and federal laws, rules and regulations, including but not limited to those concerning safety, environmental protection and reclamation. The lessee shall conduct and reclaim the operation in accordance with the performance and reclamation standards of applicable reclamation laws. Exemption of lessee's operations from applicable reclamation laws does not relieve the lessee from the obligation to conduct and reclaim the operations in accordance with the performance and reclamation standards.

History: 77-6-104, MCA; IMP, 77-3-115, MCA; NEW, 1981 MAR p. 1920, Eff. 1/1/82; TRANS, 1996 MAR p. 2384.