Current through September 2, 2024
Section 20.03.02.070 - APPLICATION PROCEDURE AND REQUIREMENTS FOR OTHER MINING OPERATIONS INCLUDING HARDROCK, UNDERGROUND AND PHOSPHATE MINING01.Reclamation Plan Approval Required. Approval of a reclamation plan by the Department is required even if approval of such plan has been or will be obtained from a federal agency. No operator shall conduct mining operations on any lands in the state until the reclamation plan has been approved by the director, and the operator has filed the required financial assurance.02.Application Package. The operator must submit a complete application package for each separate mine or mine panel before the reclamation plan will be approved. Separate mines are individual, physically disconnected operations. A complete application package consists of:a. All items and information required or allowed under Section 069 of these rules;b. Any additional information required by Subsection 070.04; andc. An operating plan, if required by Section 47-1506(b), Idaho Code, prepared in accordance with Subsection 070.05 of these rules.03.Map Requirements. Maps must be prepared in accordance with Subsection 069.04 of these rules with the addition of any tailings facilities or process fluid ponds.04.Reclamation Plan Requirements. Reclamation plans must include all of the information required under Subsection 069.05, including but not limited to phases as described in Subsection 069.05.i, and the following additional information: a. A description of the planned reclamation of overburden disposal areas, tailings facilities, and sediment ponds; andb. An estimate of total reclamation cost to be used in establishing the financial assurance amount. The cost estimate should include the approximate cost of grading, revegetation, equipment mobilization, labor, and other pertinent costs for third party reclamation.c. To assist in meeting the requirements of paragraph 069.05.a in these rules, a summary of requirements from a SWPPP, IPDES permit, ground water point of compliance, and other permits or approvals or BMPs related to foreseeable water quality impacts on the affected land.d. Structures that will be built to help implement a SWPPP, IPDES permit, Point of Compliance or other permits or approvals related to foreseeable water quality impacts on the affected land.e. Additional information regarding coarse and durable rock armor if any is proposed to be used for reclamation of mine facilities. The director may, after considering the type, size, and potential environmental impact of the facility, require the operator to include additional information in the reclamation plan. Such information may include, but is not limited to, one (1) or more of the following:i. A description of the quantities, size, geologic characteristics, and durability of the materials to be used for final reclamation and armoring.ii. A description of how the coarse and durable materials will be handled and/or stockpiled, including a schedule for such activities that will ensure adequate quantities are available during reclamation.f. The director may, after considering the type, size, and potential environmental impact of the facility, require the operator to provide a geotechnical analysis and report. If failure of these structures can reasonably be expected to impact adjacent surface or ground waters or adjacent private or state-owned lands, the analysis may be required to consider the long-term stability of these structures, the potential for ground water accumulation, and the expected seismic accelerations at the site. The report must bear the imprint of an Idaho licensed professional engineer that is both signed and dated by the engineer. The report shall show that the following features, if present, are designed in a manner that is consistent with industry standards to minimize the potential for failure: i. Any waste rock or overburden stockpiles;ii. Any pit walls proposed to be more than one hundred (100) feet high; andiii. Any pit walls where geologic conditions could lead to failure of the wall regardless of the height.g. Underground mines must provide the following additional information:i. Location and dimensions of all underground mine openings at the ground surface, including but not limited to vents, shafts, and adits; andii. A description of how each mine opening in subparagraph 070.04.g.i of these rules will be secured during reclamation to eliminate hazards to human health and safety.h. A description of post-closure activities that includes the proposed length of the post-closure period and the following: i. A summary of procedures and methods for water management including any likely IPDES permit, stormwater permit, and monitoring required for any ground water point of compliance, along with sufficient information to support a cost estimate for such water management activities.ii. Care and maintenance for facilities after mining has ceased.i. Other pertinent information the Department has determined is necessary to ensure that the operator will comply with the requirements of the chapter.05.Operating Plan Requirements. A complete operating plan shall consist of:a. Ore, tailings, and waste rock handling flow sheets and diagrams.b. Waste rock management plan.c. Water quality monitoring locations.d. Anticipated concurrent reclamation prior to the cessation of mining.e. Estimated throughput and timeline for mining.f. Types of ore processing and beneficiation.g. Process fluid pond volumes and anticipated contents, if applicable.06.Monitoring Data. The Department will, as needed and through consultation with DEQ, obtain the operator's baseline data on ground water or surface water gathered during the planning and permitting process for the operation, and may require the operator to furnish additional monitoring data during the life of the project. This will not require any additional monitoring data where such data is already provided under an IPDES permit, SWPPP, ground water point of compliance, or other federal or state requirements for collecting surface or ground water data.Idaho Admin. Code r. 20.03.02.070