82-4-431. Permit for reclamation required. (1) An operator may not conduct opencut-mining operations that result in the removal of a total of 10,000 cubic yards or more of materials and overburden until the department has issued a permit to the operator for the reclamation of the land affected. A person may not, without a permit, remove materials from a site from which a total of 10,000 cubic yards or more of materials and overburden has been removed. An operator conducting a number of operations, each of which results in the removal of less than 10,000 cubic yards of materials and overburden but that result in the removal of 10,000 cubic yards or more of materials and overburden in the aggregate, is subject to the provisions of this part, except as provided in this section.
     (2) Except as provided in or conditioned under subsections (3) and (4), an operator who holds a permit for reclamation may operate an opencut mine without first securing an additional permit or an amendment to the existing permit or bond if the mine meets the following criteria:
     (a) the total amount of materials and overburden removed does not exceed 2,500 cubic yards; and
     (b) the operator notifies the department prior to beginning operations and, within 30 days of notifying the department, submits a completed site information form, salvages and stockpiles all root-bearing soil materials, regrades the affected area to 3:1 or flatter slope and blends the reclaimed area into the adjacent topography, and during the first appropriate growing season, replaces all topsoil and reseeds or revegetates as required by the department.
     (3) The department may refuse to approve an application for issuance of a permit under subsection (1) or allow the operator to operate an opencut mine under subsections (1) and (2) if, at the time of notification by the operator to the department, the operator has a pattern of violations or is in current violation of this part, rules adopted under this part, or provisions of a permit for reclamation.
     (4) The department may require an additional bond as a condition for the operation of an opencut mine under subsection (2).
     (5) Opencut mines described in subsection (2) may not be placed:
     (a) in flowing, ephemeral, or intermittent streams;
     (b) in the bottom or head of a confined drainage;
     (c) in an area where the operation will intercept ground water or intercept any slope that is naturally steeper than 3:1; or
     (d) in any area where mining would be restricted by other laws.
     (6) Sand and gravel opencut mines must meet applicable local zoning regulations adopted under Title 76, chapter 2.

     History: En. Sec. 7, Ch. 326, L. 1973; amd. Sec. 20, Ch. 39, L. 1977; R.C.M. 1947, 50-1507; amd. Sec. 4, Ch. 280, L. 1987; amd. Sec. 3, Ch. 408, L. 1991; amd. Sec. 2, Ch. 431, L. 1991; amd. Sec. 410, Ch. 418, L. 1995; amd. Sec. 14, Ch. 507, L. 1999.