DRAFT 2 January 28, 2005

Incorporating January 13-14 revisions of Subgroup

[Notes]

(b) The operating life of the mine, including the rate of mining and anticipated changes in that rate.

(c) The mining activities to be conducted, including:

(i) The types, amounts, sequence, and schedule of mining the ore body and storage piling materials, including the distinctions among ore, lean ore, waste rock and topsoil.

(ii) The ore beneficiating process, including a discussion of the type and amount of chemicals to be added and the types, amounts, sequence, schedule, and means of tailings disposal.

(d) The surface drainage systems sufficient to identify the seasonal variations in surface water quantity and quality within the proposed permit and affected areas.

(e) How the topsoil will be stockpiled and stabilized with a vegetative cover until used in reclamation.

(f) The ore body in the proposed permit area, including geologic plans and cross-sections depicting the nature and depth of overburden, mineralized zone or ore body, aquifers and springs.

(g) Lithology and thickness of each geologic unit below the site indicating which units are water bearing, cross sections and potentiometric maps indicating the location of wells and the groundwater flow direction in the vicinity of the site.

(h) Adequate planning of the site to achieve aesthetic standards to the entire mine site.

(i) [Reference Part 91?] Provisions for soil erosion and sedimentation control measures before or upon commencement of the earth change activity; for maintaining the measures on a daily basis; and for removing the measures after permanent soil erosion measures are in place and the area is stabilized

(j) Signs, markers, fencing and safeguarding measures will be taken to safeguard the public from unauthorized entry into shafts, adits, portals, or other openings between the land surface and underground workings and to prevent falls from highwalls or pit edges.

(k) Maps and plans indicating the location, size and capacities for mine facilities including:

(i) Stockpiles

(ii) Impoundments

(iii) Ponds

(iv) Diversions

(v) Dewatering systems

(vi) Disposal systems

(vii) Pits

(ix) Tailings disposal facilities

(x) Mills

(xi) Water treatments facilities

(xii) Storage areas for equipment, vehicles, chemicals and solutions

(xiii) Topsoil stockpiles

(xiv) Waste rock piles

(xv) Other facilities or structures

(xvi) Property ownership on and adjacent to the proposed mine site

Rule 203. (1) The reclamation plan required under Rule 201(1)(e) for the mining site shall include all of the following:

(a) A final plan of the area following cessation of mining and removal of the entire mining operation, which shall include the following:

(i) Final land contours.

(ii) Potential uses of the land.

(iii) Ponds, streams, wetlands, roads, dikes, and drainage ditches, structures, and soil erosion and sediment control measures that will remain after completion of reclamation.

(b) Engineering design, methods, sequence, and schedules of reclamation including closure and postclosure maintenance.

(c) Evidence satisfactory to the department that the proposed reclamation will conform with the following minimum standards:

(i) All toxic and hazardous wastes, refuse, tailings and other solid waste shall be disposed of conformance with applicable state and federal statutes or regulations.

(ii) All tunnels, shafts or other underground openings shall be sealed in a manner which will prevent seepage of water in amounts which may be expected to create a safety, health or environmental hazard, unless the applicant can demonstrate alternative uses which do not endanger public health and safety and which conform to applicable environmental protection and mine safety laws and rules.

(iii) All underground and surface runoff waters from mining sites shall be managed, impounded, or treated to the extent practicable so as to prevent soil erosion, flooding, damage to agricultural lands or livestock, damage to wild animals, pollution of ground or surface waters, damage to public health or threats to public safety.

(iv) All surface structures constructed as a part of the mining activities shall be removed, unless they are converted to an acceptable alternative use.

(v) Adequate measures shall be taken to prevent significant surface subsidence, but if such subsidence does occur, the affected area shall be reclaimed.

(vi) All topsoil from surface areas disturbed by the mining operation shall be removed and stored in an environmentally acceptable manner for use and used in reclamation.

(vii) All disturbed surface areas shall be revegetated as soon as practicable after the disturbance to stabilize slopes and prevent air and water pollution, with the objective of reestablishing a variety of plants and animals indigenous to the area immediately prior to mining. Plant species not indigenous to the area may be used if necessary to provide rapid stabilization of slopes and prevention of erosion, if such species are acceptable to the department, but the ultimate goal of reestablishment of indigenous species shall be maintained.

(viii) Where the composition of the floor or walls of an open pit are likely to cause formation of acid, toxic, or otherwise pollutive solutions on exposure to moisture, the reclamation plan must include provisions that adequately provide for insulation of all faces from moisture or water contact by covering an engineered design that protects the environment from these pollutants.

(ix) Detailed information and maps on reclamation procedures including:

(A) Manner, location, sequence and anticipated duration of reclamation.

(B) Ongoing reclamation procedures during mining operations.

(C) Proposed interim and final topography and slope stabilization.

(D) Proposed final land use and relationship to surrounding land and land use.

(E) Plans for long-term maintenance of mining site including monitoring of wastes and ground and surface water quality.

(2) A permittee shall, to the extent feasible, conduct reclamation activities concurrently with the mining operation, and in any event shall initiate reclamation activities at the earliest possible time after cessation of mining activities in any portion of the mining area.

Rule 203. The environmental protection plan required under Rule 201(1)(f) shall describe how the operator will assure compliance with the provisions of the Act and Rules in order to protect all areas that have the potential to be affected by the mining operation and shall include all of the following:

(a) Plans and schedules for regulating or controlling drainage of water, including surface runoff, from within the diked area of a tailings disposal area to prevent breaching of the dikes, both during and after termination of the mining operation. The system may consist of, but is not limited to, decant towers, erosion-resistant spillways, or solid rock ledge overflow.

(b) Provisions to limit the exposed area of any disturbed land to the shortest feasible period of time.

(c) Provisions for temporary soil erosion and sedimentation control measures before or upon commencement of the earth change activity; for maintaining the measures on a daily basis; and for removing the measures after permanent soil erosion measures are in place and the area is stabilized.

(d) Measures to minimize impacts to the volumes and rates of recharge, flow, and discharge of groundwater and surface waters on the mining area and in the affected area.

(e) If a threatened or endangered species may be impacted, a plan to protect the threatened or endangered species that conforms to the requirements of state and federal endangered species laws.

(f) Plans to prevent, minimize, and mitigate any impacts of the proposed mining operation on flora, fauna, fish or wildlife habitats, and biodiversity.

(g) Provisions for the prevention, control, and monitoring of acid-forming or toxic ore and waste products from the mining process so as to prevent leaching into groundwater or runoff into surface water. Provisions may include, but are not limited to:

(i) Lining or covering, or both, of the ore and waste products with synthetic or earth material that will effectively isolate the ore and waste products from the air, surface water, and groundwater.

(ii) Mixing the ore and waste products with a material or materials that counteract or neutralize the acid-forming or toxic characteristics of the ore and waste products

(iii) Grading or diking to assure that surface water drains away from the storage or disposal area.

(h) Provisions for preventing damage to the environment or public health or safety from caving or collapse of underground mine workings.

Rule 204. (1) The contingency plan required under Rule 201(1)(g) shall include all of the following:

(a) An assessment of the risk to the environment or public health and safety associated with potential accidents or failures involving the following, and the response measures that shall be followed in each case:

(i) Release or threat of release of toxic or acid-forming materials.

(ii) Storage, transportation, and handling of explosives.

(iii) Fuel storage and distribution.

(iv) Fires.

(v) Wastewater collection and treatment system.

(vi) Settling pond or tailings disposal area embankment failure.

(vii) Air emissions.

(ix) Severe natural phenomena.

(x) Power disruption.

(b) A list, by title, of personnel to be contacted and their duties and responsibilities.

(c) A section that contains all of the following information:

(i) The procedure for notifying the general public, public authorities, and safety agencies in the event of an emergency.

(ii) The actions to be taken to restrict access of nonessential personnel to the area.

(iii) If evacuation of the public is necessary, the procedure for conducting the evacuation

(d) A list of emergency telephone numbers, including the following:

(i) Representatives of the permittee.

(ii) The emergency management coordinator.

(iii) Local ambulance services.

(iv) Local hospitals.

(v) Local fire departments.

(vi) The department of environmental quality.

(vii) The pollution emergency alerting system.

(2) The applicant shall submit a copy of the contingency plan to each emergency management coordinator having jurisdiction over the affected area at the time the application is submitted to the department.