Idaho Admin. Code r. 20.03.01.001

Current through September 2, 2024
Section 20.03.01.001 - SCOPE
01.Scope. These rules establish the notification requirements for dredge and placer exploration, and the application and operation requirements of dredge and placer mines. In addition, these rules establish the reclamation and financial assurance requirements for all these activities.
02.Applicability. These rules are to be read and applied in conjunction with the Act.
a. These rules apply to all lands within the state, including private and federal lands, which are disturbed by dredge or placer mining conducted after November 24, 1954.
b. These rules apply to the following activities:
i. All dredge and placer exploration activities using motorized earth-moving equipment.
ii. The extraction of minerals from a placer deposit, including the removal of vegetation, topsoil, overburden, and minerals; construction and operation of on-site processing equipment; disposal of overburden and waste materials; design and operation of siltation and other water quality control facilities; and other activities contiguous to the mining site that disturb land and affect water quality and/or water quantity.
c. These rules do not apply to the following:
i. Mining operations regulated by the Mined Land Reclamation Act;
ii. Surface disturbance caused by the underground mining of a placer deposit, unless the deposit outcrops on or near the surface and the operation will result in the probable subsidence of the land surface.
iii. Dredging operations conducted for the sole purpose of establishing and maintaining a channel for navigation.
iv Dredging operations in streams or rivers using suction dredges with an intake diameter of eight (8) inches or less.
03.Other Laws. Dredge and placer exploration and mining operations must comply with all applicable rules and laws of the state of Idaho including, but not limited to, the following:
a. Idaho water quality standards established in Title 39, Chapters 1 and 36, Idaho Code and IDAPA 58.01.02, "Water Quality Standards".
b. Wastewater treatment or disposal plan and specification review established in IDAPA 58.01.16, and IPDES requirements in IDAPA 58.01.25 administered by DEQ.
c. Idaho Dam Safety Act, Section 42-1710 through 42-1721, Idaho Code, and applicable rules as promulgated and administered by the Idaho Department of Water Resources.
d. Idaho Stream Channel Protection Act, Title 42, Chapter 38, Idaho Code, and applicable rules as promulgated and administered by the Idaho Department of Water Resources.

Idaho Admin. Code r. 20.03.01.001

Effective July 1, 2024