FAA Airport Regulations for Opencut Mining Sites
Click here for FAA Regulations Handout
The next meeting has been scheduled for December 4, 2018, at 1:00 p.m., Metcalf Building Room 111. The minutes from the previous meeting with release request information can be found here. Handouts for meeting:
Opencut Mining-Do You Need a Water Right?
Click Here to access the DNRC flow chart that guides the Operator through whether a water right is required or not for their proposed Opencut site.
Updated Opencut Bond Forms
The Opencut Section has updated ALL Opencut Bond Forms and they have been uploaded to our website. Updated Bond Forms are only needed for NEW Applications requiring a Bond. If you have a currently approved Permit, you do not need to replace your Bond with a new Updated Bond Form. Click here to access them.
File Transfer How-To
Click here for the slide show presentation for the State's File Transfer Service.
BLM Mineral Ownership Pamphlet
This pamphlet describes how to determine if the sub-surface minerals are owned by BLM or the private land owner. Prior to submitting an Opencut application be sure to verify mineral ownership.
Cultural Resource Submittal Procedure
Submit two hard copies and one digital copy (CD/DVD/Thumb Drive or File Transfer Service) of the following to:
1520 E 6th Ave
Helena, MT 59601
Do not submit copies of the Archaeological Reports to Opencut as this is confidential data. Opencut only requires the “Concurrence” letter from SHPO to be submitted with the application.
Please ensure there is an un-attached and completed CRABS form accompanying the report: https://mhs.mt.gov/shpo/forms
Montana File Transfer Service instructions: https://transfer.mt.gov/Home/Instructions DO NOT send via email.
SHPO Forms Website: https://mhs.mt.gov/shpo/forms
SHPO Consultant List: https://mhs.mt.gov/Portals/11/shpo/docs/Consultants.pdf
Request a SHPO report: https://mhs.mt.gov/Portals/11/shpo/docs/FileSearchRequest.xlsx (Ensure you put “Opencut Operation” in the “Project Description” location)
Click here for the process of completing and submitting a Class III Archaeological Report (i.e.,-obtaining SHPO 'Concurrence').
Opencut's Sage Grouse Notice
Click here to see the latest information about Sage Grouse Requirements from the Montana Sage Grouse Program.
The Opencut Mining Act (82-4-401 et seq., MCA) and regulations apply to the mining of bentonite, clay, scoria, soil materials, peat, sand or gravel. 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 DEQ has issued a permit to the operator. An operator conducting a number of operations, all of which results 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. Exemptions may be available for operators currently holding a reclamation permit if the new operations will result in the removal of 10,000 cubic yards or less of mineral and overburden. Specific provisions are required however, and a completed form provided by DEQ must be submitted. Operations on certain federal or state lands may be exempt if the Board of Environmental Review determines that federal regulations or requirements of other state agencies are at least as stringent as DEQ requirements.
All Opencut sand and gravel operations must comply with applicable zoning regulations.
An air quality permit from DEQ is required for the operation of any mineral crushing or other processing plants.
The Employment Relations Division of the Montana Department of Labor and Industry enforces mine safety regulations. The division's Safety Bureau works with the mine operator and mining contractors who must report the name of the mine, the location of the mine, the name of the company and contractors operating the mine, the type of mining activity, the date mining activity will begin and other information.
An operator must submit an application for a reclamation permit on a form furnished by DEQ. A reclamation bond, a zoning compliance form, plans of the intended operations, and other details of the mine operation are also required.
Upon receipt of an application containing all information in 82-4-432(1) and (2), MCA, DEQ shall, within 30 or 45 days, notify the operator whether or not the application is acceptable. If the application is not acceptable, DEQ shall include in the notification a detailed identification of deficiencies.
Upon receipt of a revised application DEQ shall, within 10 working days, notify the operator whether the application is acceptable or not. If the application is unacceptable, then the notice must include a detailed explanation of the remaining deficiencies. If the application is acceptable, DEQ issues the permit. See 82-4-432(4), MCA.
The application form and accompanying materials (permits, bond, map(s) and reclamation plan, etc...) are reviewed for acceptability to ensure that each item is addressed correctly. An on-site evaluation is conducted to determine if the land is mineable and reclaimable and to make sure site conditions are as specified in the application. The site inspection may be conducted with the operator and other interested persons.
DEQ will issue a permit only if the bond, reclamation plan and other requirements of Title 82, Chapter 4, Part 4 are fulfilled. The reclamation plan must ensure that the operator will establish vegetative cover commensurate with the proposed land use, will appropriately protect ground and surface water and will remove or bury metal and other waste, etc.