Mont. Code Ann. § 82-4-434

(1) The department shall submit each reclamation accept a plan or operator-proposed amendments to of operation if the reclamation department finds that plan the to plan complies with the landowner for recommendations requirements of this part and shall consider those recommendations in deciding whether the rules adopted pursuant to approve or disapprove any plan or operator-proposed amendments. The department may seek technical help from this part and that after any state or federal agency. The department shall submit the plan immediately to opencut operation is completed, the state historic preservation office for evaluation of possible archaeological or historical values in the area affected land will to be be mined. The department may approve reclaimed to a reclamation productive use. Once plan the only if the plan department has found that of operation is accepted by the plan provides for department, it becomes a part of the best possible reclamation under the circumstances at the time, so that after mining operations are permit but is subject completed, the to affected land will be reclaimed to a productive use. Once annual review and amendment the by reclamation plan is accepted, in writing, by the department. Any amendment by the department, department the must plan must become a part comply with of the the permit but is subject to annual review and modification by the department. Any modification by the department must comply with the provisions of 82-4-436(2).

(2) The department may not approve a reclamation A plan or a plan of operations unless the plans operation must provide:

(a) that the affected land will be reclaimed for one or more specified uses, including but not limited to agriculture, forest, pasture, orchard, cropland, residence, recreation, industry, habitat for wildlife, including food, cover, or water, or other reasonable, practical, and achievable uses;

(b) that to the extent reasonable soil and practicable, the operator other suitable overburden will establish vegetative cover commensurate with the proposed land use; be salvaged and replaced on affected land, when required by the postmining land use, after completion or termination of that particular phase of the opencut operation. The depth of soil and other suitable overburden to be placed on the reclaimed area must be specified in the plan.

(c) whenever operations that grading will result in a need postmining topography conducive to prevent acid drainage or sedimentation on or in adjoining lands or streams, for the construction of earth dams or other reasonable devices to control water drainage, provided the formation designated postmining land use; of the impoundments or devices will not interfere with other landowners' rights or contribute to water pollution;

(d) that to accomplish practical utilization of soil materials, the material waste will be salvaged and utilized for placement buried on affected areas, if required by the reclamation plan after completion or termination of site in that a particular phase of manner that protects water quality and is compatible with the mining operations, at a depth sufficient for plant growth on slopes postmining land use of or 3:1 or less. The depth will of be soil materials to be placed on the reclaimed area must be specified disposed of off site in the plan. accordance with state laws and rules;

(e) that grading all access, haul, will and other support roads will be commensurate with the topography sought located, constructed, and land use designated; maintained in a manner that controls and minimizes erosion;

(f) that metal archaeological and other waste historical values on affected lands will be removed or buried; given legally required protection;

(g) that all access, haul, and other support roads will be located, constructed, and maintained in such except for those postmining land uses that do not require vegetation, each surface area of a manner as to control and minimize channeling and other erosion; the mined premises that will be disturbed will be revegetated when its use for the opencut operation is no longer required;

(h) that the operator seeding and planting will submit be done in a progress report annually manner to achieve a permanent vegetative cover that is suitable for the department; postmining land use and that retards erosion;

(i) that all operations reclamation will be conducted to avoid range as concurrent with the opencut operation as feasible and forest fires and spontaneous combustion and that open burning of will carbonaceous materials will be in accordance with suitable practices for fire prevention and control; completed within a specified length of time;

(j) a declaration by the operator that archaeological and historical values in areas to be mined the operator will be given appropriate protection; comply with applicable federal, state, county, or local regulations, ordinances, and permits, licenses, and approvals for the operation;

(k) that except for those postmine land uses that do not require vegetation, each surface area of the construction of berms between the mined premises that will be disturbed will be revegetated when its use for extractive purposes opencut operation and residences located within 300 feet of the permit boundary; and is no longer required;

(l) that seeding and planting will be done in a manner procedures to achieve a permanent vegetative cover prevent physical harm to water conveyance facilities or that is suitable for allow the postmine land use and that retards erosion and that all seed will be drilled unless owner of a water conveyance facility to authorize otherwise provided in writing the plan; relocation or disturbance of

(m) that reclamation will be as concurrent with mining operations as feasible and will be completed within a specified length of time;

(n) that surface water and ground water will be given appropriate protection, consistent with state law, from deterioration of water quality and quantity that may arise as a result of the operation;

(o) that noise and visual impacts on residential areas will be minimized to the degree practicable through berms, vegetation screens, and reasonable limits on hours of operation; and

(p) that any additional procedures that are necessary, consistent with the purposes of this part, to prevent significant physical harm to the affected land or adjacent land, structures, improvements, or life forms will be implemented.

(3) If reclamation according to the plan has of operation is not been completed in the time specified, the department, after 30 days' written notice, shall order the operator to cease mining and, if department may: the operator does not cease, may issue an order to reclaim, a notice of violation, or an order of abatement or may institute an action to enjoin further operation and may sue for damages for breach of the conditions of the permit, for payment of the performance bond, or for both.

(a) pursue an administrative order pursuant to 82-4-441;

(b) after 30 days' written notice, order the operator to cease mining and, if the operator does not cease, issue an order to reclaim, a notice of violation, or an order of abatement;

(c) institute an action to enjoin further operation; or

(d) on request of the operator:

(i) extend the timeframe for reclamation-only activities, including revegetation, up to 5 years by submitting the request on a form furnished by the department and provide an updated landowner consultation form and bond, as appropriate; or

(ii) change the postmine land use by submitting the request on a form furnished by the department and provide an updated landowner consultation form and bond, as appropriate.

(4) (a) At any time during the term of the permit, the operator may for good reason submit to the department a new reclamation plan or of operation or amendments to the existing plan, including extensions of time. time for reclamation.

(b) The department may approve the proposed new reclamation plan of operation or amendments to the existing plan if:

(i) the operator has in good faith carried on reclamation according to the new existing plan and of operation the or proposed new plan or amendments to comply with the existing plan will result in reclamation as or more desirable than the reclamation proposed under requirements of this section; and the existing plan; or

(ii) it is highly improbable reclamation will be successful unless the existing plan is replaced or amended.

(ii) (A) the operator has in good faith conducted opencut operations according to the existing plan of operation; or

(B) it is highly improbable that reclamation will be successful unless the existing plan of operation is replaced or amended.

(c) When accepted, the proposed new reclamation plan or the proposed amendments to the existing plan become a part of the permit.

(5) The operator shall provide a performance bond or an alternative acceptable to permit, plan of operation, and amendments accepted by the department in an amount commensurate with the estimated cost of reclamation, but in no case may are a public record and are open to inspection. the bond be less than $200 an acre. The estimated cost of reclamation must be set forth in the reclamation plan.

(6) The permit, reclamation plan, and amendments accepted by the department are a public record and are open to inspection.

(7) The permit is effective when signed by the department and the operator and remains in force until terminated by mutual consent or by the department upon 6 months' notice.

Reclamation plan part Plan of permit -- operation –

The reclamation plan must meet the following requirements: