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17.24.219    PLAN OF OPERATION--RECLAMATION PLAN--AND PERFORMANCE STANDARDS

(1) The plan of operation must include the following site reclamation plan commitments and information:

(a) a postmining land uses section, including a description of the type, location, and size of each postmining land use area in the main permit area.  Postmining land use types include, but are not limited to, water source pond, wetland, fish pond, riparian area, grassland, shrubland, woodland, special use pasture, hayland, cropland, wildlife habitat, livestock protection site, recreation site, and residential, commercial, and industrial building sites;

(b) a soil and overburden handling section, including:

(i) a statement that the operator will strip soil before other opencut operation disturbances occur; strip, stockpile, and replace soil separately from overburden; strip a minimum of six inches of soil, if available, from accessible facility-level areas; strip all soil from accessible mine-level areas; strip and retain enough overburden, if available, from mine-level areas so that up to an 18-inch thickness of overburden and soil can be replaced on dryland mine-level reclamation, and up to a 36-inch thickness of overburden and soil can be replaced on cropland and irrigated mine-level reclamation; maintain at least a 10-foot buffer stripped of soil and needed overburden along the edges of highwalls; haul soil and overburden directly to areas prepared for resoiling, or stockpile them and protect them from erosion, contamination, compaction, and unnecessary disturbance; at the first seasonal opportunity, shape and seed to an approved perennial species mix the soil and overburden stockpiles that will remain in place for more than two years; and keep all soil on site and accessible until the approved postmining land uses are assured to the department's satisfaction.  Only initial setup activities and soil stockpiling may occur on unstripped areas.  The department may require that more than a six-inch thickness of soil be stripped from facility-level areas in order to protect soil quantity or quality for certain postmining land uses; and

(ii) a description of the average thicknesses of overburden and soil to be replaced on mine-level areas.  Resoiled surfaces must be seeded to a cover crop, or seeded or planted to the approved vegetative species, at the first seasonal opportunity after resoiling;

(c) a surface cleanup and grading section, including:

(i) a statement that the operator will retrieve and properly use, stockpile, or dispose of all refuse, surfacing, and spilled materials found on and along access roads and in the main permit area, and leave reclaimed surfaces in a stable condition and with 5:1 or flatter slopes for hayland and cropland, 4:1 or flatter slopes for sandy surfaces, and 3:1 or flatter slopes for other sites and surfaces; leave them graded to drain off-site or concentrate water in low areas; leave them at least three feet above the ordinary water table level for dryland reclamation and at approved depths below the ordinary water table level for pond reclamation; and blend them into the surrounding topography and drainageways.  The applicant may propose the establishment of steeper slopes for certain postmining land uses and the construction of seasonal ponds.  The department may require water-table-level monitoring to ensure that appropriate reclaimed surface elevations are established; and

(ii) a description of the locations and designs for special reclamation features such as drainageways, ponds, and building sites.  Reclaimed drainageways must be located in their approximate premine locations and have channel and floodplain dimensions and gradients that approximate premine conditions, unless otherwise approved by the department.  Reclaimed drainageways must connect to undisturbed drainageways in a stable manner;

(d) an overburden and soil reconditioning section, including a statement that the operator will alleviate overburden and soil compaction by deep tilling replaced overburden, graded surfaces, and other compacted surfaces to a depth of at least 12 inches before resoiling, and by deep tilling through the soil and into the surface of the underlying material after resoiling.  Deep tillage must be done on the contour and when the overburden and soil are dry enough to shatter.  Deep tilled areas must be protected from recompaction. Deep tillage is not required for relatively non-compactible materials such as sands, materials with a rock fragment content of 35% or more by volume, and bedrock.  Tilling deeper than the soil thickness is not required when cobbly material or bedrock underlies the soil;

(e) a revegetation section, including:

(i) a statement that the operator will establish vegetation capable of sustaining the designated postmining land uses; ensure that areas seeded or planted to perennial species will be appropriately protected and managed from the time of seeding or planting through two growing seasons or until the vegetation is established, whichever is longer; use seed that is as weed free as is reasonably possible; and comply with the noxious weed control plan approved by the respective weed district for the opencut operation.  Revegetation success on a non-cropland area is achieved when vegetation capable of sustaining the designated postmining land use has established.  Revegetation success on a cropland area is achieved when a crop has been harvested from the entire area and the yield is comparable to those of crops grown on similar sites under similar growing conditions.  A copy of the approved noxious weed control plan must be submitted with the plan of operation; and

(ii) a description of the types and rates of fertilizer and other soil amendment applications; methods of seedbed preparation; and methods, species, and rates of seeding or planting.  When the postmining land use is hayland or cropland, the soil surface must be left free of rocks that could impede agricultural equipment.  Seedbed preparation and drill seeding must be done on the contour.  Broadcast seeding must be done at rates at least 100% higher than drill seeding rates and the surface dragged or pressed to cover the seed.  Seeding rates must be given as pounds of pure live seed per acre.  Seeding must occur during the late fall or early spring seeding seasons. Cover crop seeding and mulch application may be needed to help stabilize an area or establish vegetation;

(f) a reclamation timeframes section, including:

(i) a statement that the operator will complete all reclamation work on an area no longer needed for opencut operations, or that the operator no longer has the right to use for opencut operations, within one year after the cessation of such operations or termination of such right.  If it is not practical for the operator to reclaim a certain area until other areas are also available for reclamation, the operator may propose an alternate reclamation deadline for that area; and

(ii) a reasonable estimate of the month and year by which final reclamation will be completed considering the estimated mine material demand, expected rate of production, and accessible mine material reserves.  Final reclamation must be completed by the date given.

(2) Upon issuance of the permit, the operator shall comply with all commitments required by this rule and with the requirements for the conduct of operations contained in this rule.

History: 82-4-422, MCA; IMP, 82-4-402, 82-4-422, 82-4-423, 82-4-431, 82-4-432, 82-4-434, MCA; NEW, 2004 MAR p. 317, Eff. 2/13/04.

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