Mont. Code Ann. § 82-4-434

(1) The department shall accept a plan of operation if the department finds that the plan complies with the requirements of this part and the rules adopted pursuant to this part and that after the opencut operation is completed, the affected land will be reclaimed to a productive use. Once the plan of operation is accepted by the department, it becomes a part of the permit but is subject to annual review and amendment by the department. Any amendment by the department must comply with the provisions of 82-4-436(2).

(2) The department may not accept a A plan of operation unless the plan provides: 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 whenever the opencut operation results in a need to prevent acid drainage or sedimentation on soil and or in adjoining lands or streams, catchments, ponds, or other reasonable devices to control water drainage suitable overburden and will sediment will be constructed salvaged and maintained, provided replaced on affected land, when required by the devices will not interfere with other landowners' rights postmining land use, after completion or contribute to water pollution; termination of that particular phase of the opencut operation. The depth of soil and

(c) that soil and other suitable overburden grading will be salvaged and replaced on affected land, when required by result in a the postmining topography conducive to the designated postmining land use, after completion or termination of that particular phase of the opencut operation. The depth use; of soil and other suitable overburden to be placed on the reclaimed area must be specified in the plan.

(d) that grading waste will result be buried on site in a postmining topography conducive to manner that protects water quality and is compatible with the designated postmining land use; use or will be disposed of off site in accordance with state laws and rules;

(e) that waste all access, haul, and other support roads will be buried on site located, constructed, in and maintained in a manner that protects water quality controls and is compatible with the postmining land use or will be disposed of off site in minimizes erosion; accordance with state laws and rules;

(f) that all access, haul, archaeological and other support roads historical values on affected lands will be located, constructed, and maintained in a manner that controls and minimizes erosion; given legally required protection;

(g) that the opencut operation will be conducted to avoid range and wildland fires and spontaneous combustion except for those postmining land uses and that open burning will be conducted in accordance with suitable practices for fire prevention and control. do not require vegetation, each surface area Approval of the plan for fire prevention and control under this part does not relieve the operator of mined premises that will be disturbed will be revegetated when its use for the duty to comply with the air quality permitting and protection requirement of Title 75, chapter opencut operation is no longer required; 2.

(h) that archaeological seeding and historical values on affected lands planting will be given appropriate protection; done in a manner to achieve a permanent vegetative cover that is suitable for the postmining land use and that retards erosion;

(i) that except for those postmining land uses that do not require vegetation, each surface area of reclamation the will mined premises that will be disturbed as concurrent with will the be opencut revegetated when its use for the opencut operation is no longer required; as feasible and will be completed within a specified length of time;

(j) that a seeding and planting declaration by the operator that the operator will be done in a manner to achieve a permanent vegetative cover that is suitable for comply with applicable federal, state, county, or local regulations, ordinances, the and postmining land use permits, licenses, and

(k) that reclamation will be as concurrent with for the construction of berms between the opencut operation as feasible and will be completed residences located within a specified length 300 feet

(l) that surface procedures to prevent physical harm to water and ground conveyance facilities or that allow the owner of a water will be given appropriate protection, consistent with state law, from deterioration of water quality and conveyance facility to authorize in writing quantity that may arise as a result of the the relocation

(m) 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

(n) that any additional procedures, including monitoring, 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 of operation is not completed in the time specified, the department may:

(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; or

(c) institute an action to enjoin further operation. 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 plan of operation or amendments to the existing plan, including extensions of time for reclamation.

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

(i) the new plan of operation or amendments comply with the requirements of this section; and

(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.

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

Plan of operation – requirements