Mont. Code Ann. § 82-4-403

(1) "Affected land" means the area of land and land covered by water that is disturbed by opencut mining operations, including the area from which overburden or mineral is to operations. A private road may be or has been removed and upon which included as affected land only with the overburden is to be or has been deposited, roads constructed to gain access to the landowner's consent. mineral, areas of processing facilities on or contiguous to the opencut mine, treatment and sedimentation ponds, and mineral stockpile areas on or contiguous to the opencut mine.

(10) "Overburden" means all of the the earth and other materials that lie lies above a natural deposit of minerals. materials.

(11) "Person" means:

(a) a natural person;

(b) a firm, association, partnership, cooperative, or corporation;

(c) a department, agency, or instrumentality of the state or any governmental subdivision; or

(d) any other entity.

(12) "Processing facilities" "Plan of operation" means all crushers, screens, and asphalt or concrete plants. a plan that:

(a) meets the requirements of 82-4-434; and

(b) contains a description of current land use, topographical data, hydrologic data, soils data, proposed mine areas, proposed mining and processing operations, proposed reclamation, and appropriate maps.

(13) "Progress report" means a report showing the land that the operator has affected by opencut "Processing facilities" means: mining during the year. The report must show the number of acres of affected land and all reclamation accomplished.

(a) crushers, screens, and pug mills;

(b) asphalt, wash, and concrete plants;

(c) treatment, sedimentation, or retention areas for processing facilities; and

(d) areas receiving washout from vehicles and equipment using the processing facilities.

(14) "Public notice" "Reclamation" means notice given by publication in a newspaper in the general reconditioning of area affected where the land affected land is located. The notice must be given once a week to make the area suitable for 3 successive weeks. productive use, including but not

(15) "Reclamation" "Soil" means the reconditioning of the area of land affected by opencut-mining operations to make the area suitable dark or root-bearing surface matter that has been generated through time by the interaction of for productive use, including but not limited to forestry, agriculture, grazing, wildlife, recreation, or residential biological activity, climate, topography, and industrial sites. parent material and that is capable of sustaining plant growth and is recognized and identified as such by standard authorities and methods.

(16) "Reclamation plan" "Water conveyance facilities" means the description of current land use, topographical data, water data, soils data, leased areas, and existing diversions, aqueducts, canals, ditches, drains, flumes, headgates, syphons, or other structures or infrastructure actively intended mine areas and an explanation used to facilitate of the proposed reclamation beneficial use of the

(17) "Refuse" means all waste material directly connected with the opencut-mining operations.

(18) "Soils materials" are those horizons that contain topsoil or other soils leached free of deleterious salts, that are capable of sustaining plant growth, and that are recognized as such by standard authorities.

(19) "Spoil" means the overburden that is disturbed from its natural state in the process of opencut mining.

(2) "Board" "Amendment" means a change to the board of environmental review provided for in 2-15-3502. approved

(3) "Contract" "Board" means a mined land reclamation contract prepared by the board to meet the requirements of this part. environmental review provided for in 2-15-3502.

(4) "Department" means the department of environmental quality provided for in 2-15-3501.

(5) "Final cut" "Landowner" means the last pit created in holder of legal title to land subjected to an opencut-mined area. opencut operation.

(6) "Landowner" "Materials" means the owner bentonite, clay, scoria, peat, sand, soil, gravel, or mixtures of land directly affected by an opencut-mining operation.

(7) "Minerals" "Occupied dwelling unit" means bentonite, clay, scoria, phosphate rock, sand, or gravel. a structure with permanent water and sewer facilities that is used as a home, residence, or sleeping place by at least one person who maintains a household that is lived in as a primary residence.

(8) "Opencut mining" operation" means activities conducted for the mining primary purpose of minerals by: sale or utilization of materials, including:

(a) removing the overburden lying upon natural deposits of minerals and mining directly from the exposed mine site preparation; natural deposits;

(b) mining directly from natural deposits of minerals; or

(b) (i) removing the overburden and mining directly from the exposed natural deposits; or

(ii) mining directly from natural deposits of materials;

(c) removing overburden for processing the of purpose of determining materials mined from the location, quality, or quantity of any natural deposit of minerals. deposits, except that processing facilities located more than 300 feet from where materials were mined or are permitted to be mined are not part of the opencut operation;

(d) transporting, depositing, staging, and stockpiling of overburden and materials unless the activity occurs more than 300 feet from where the materials were mined or are permitted to be mined;

(e) storing or stockpiling of materials at processing facilities that are part of the opencut operation;

(f) reclamation of affected land; and

(g) parking or staging of vehicles, equipment, or supplies unless:

(i) the activity is separated from other opencut operations by at least 25 feet and is connected to the opencut operation by a single road that is no more than 25 feet wide; or

(ii) the activity is inside the construction disturbance area shown on a construction project plan.

(9) "Operator" means a person engaged in or controlling an opencut-mining operation. who holds a permit issued pursuant to this part. For purposes of enforcing the provisions of this part, the term also includes any person conducting opencut operations on affected land that is not covered by a permit.

Definitions

When used in this part, unless a different meaning clearly appears from the context, the following definitions apply: