Mont. Admin. r. 17.24.501 - GENERAL BACKFILLING AND GRADING REQUIREMENTS
(1)
Backfilling and grading of the disturbed area must be completed prior to removal of
necessary reclamation equipment from the area of operation.
(2) Overburden and parting materials which are not
conducive to revegetation techniques, establishment, and growth must not be left on
the top nor within eight feet of the top of regraded spoils nor at the surface of
any other affected areas, unless the applicant demonstrates to the department's
satisfaction that a lesser depth will provide for reclamation consistent with the
Act. The department may require that problem materials be placed at a greater
depth.
(3)
(a) Backfilled material must be placed to minimize
erosion and sedimentation of undisturbed and reclaimed areas both on and offsite,
water pollution, adverse effects on ground water, other offsite effects, and to
support the approved postmining land use.
(b) Backfilled materials must be selectively
placed and compacted wherever necessary to prevent leaching of acid, acid-forming
toxic, or toxic-forming materials into surface or subsurface waters and wherever
necessary to ensure the stability of the backfilled materials. The method and design
specifications for placing and compacting such materials must be approved by the
department.
(4) All final
grading on the area of land affected must be to the approximate original contour of
the land in accordance with
82-4-232(1), MCA.
(a) The operator shall transport, backfill, and
compact to ensure compliance with (3)(b) and ARM
17.24.505, and grade all spoil material
as necessary to achieve the approximate original contour. Highwalls must be reduced
or backfilled in compliance with ARM
17.24.515(1), or
reclaimed using approved highwall reduction alternatives in compliance with ARM
17.24.515(2).
(b) Cut-and-fill terraces may be used only in
those situations expressly identified in and in compliance with ARM
17.24.502.
(c) The postmining graded slopes must approximate
the premining natural slopes in the area.
(d) Depressions must be eliminated, except as
provided in ARM
17.24.503(1).
(5) The disturbed area must be blended
with surrounding and undisturbed ground to provide a smooth transition in
topography.
(6) Backfilling and grading
must be kept current with mining operations. To be considered current, backfilling
and grading must meet the following requirements, unless otherwise approved by the
department upon adequate written justification and documentation provided by the
operator:
(a) On lands affected by area strip
mining, there must not be more than four consecutive spoil ridges present in any
location.
(b) Backfilling and grading
must be completed within two years after coal removal from each pit has been
concluded. For the purpose of this provision, "each pit" means any continuous
dragline pass within a particular permit area.
(c) Backfilling and grading of other excavations
must be kept current as departmental directives dictate for each set of field
circumstances.
(d) All backfilling and
grading must achieve the approved postmining topography.
(7) The operator shall notify the department, in
writing, upon detection of grading problems that would result in topography not
consistent with the approved postmine topography.
Notes
AUTH: 82-4-205, 82-4-231, MCA; IMP: 82-4-231, 82-4-232, MCA
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