Idaho Admin. Code r. 20.03.01.021

Current through September 2, 2024

Section 20.03.01.021 - APPLICATION PROCEDURE FOR PERMIT

01.Approved Permit Required. No Permittee may conduct placer or dredge mining operations, as defined in these rules, on any lands in the state of Idaho until the permit has been approved by the Board, the Department has received a bond meeting the requirements of these rules, and the permit has been signed by the Director and the Permittee.

02.Application Package. The Permittee must submit a complete application package, for each separate placer mine or mine panel, before the permit will be reviewed. Separate placer mines are individual, physically disconnected operations. The complete application package consists of:

a. An application provided by the Director;

b. A map or maps of the proposed mining operation which includes the information required under Subsection 021.04;

c. A plan, of operations in map and narrative form, which includes the information required under Subsection 021.06. The map and plan of operations may be combined on one (1) sheet if practical;

d. Document(s) identifying and assessing foreseeable, site-specific sources of water quality impacts upon adjacent surface waters, and the BMPs or other measures the applicant will take to comply with water quality requirements;

e. When the Director determines, after consultation with DEQ, that there is an unreasonably high potential for pollution of adjacent surface waters, the Director will request, and the applicant will provide to the Director, baseline pre-project surface water monitoring information and furnish ongoing monitoring data during the life of the project. This provision does not require any additional baseline preproject surface water monitoring information or ongoing monitoring data where such information or data is already required to be provided pursuant to any federal or state law and is available to the Director;

f. An out-of-state Permittee must designate an in-state agent authorized to act on behalf of the Permittee. In case of an emergency requiring action to be taken to prevent environmental damage, the authorized agent will be notified as well as the Permittee;

g. An application fee of fifty dollars ($50) for each ten (10) acres or fraction of land included in an application for a new permit, or of land to be affected or added in an amended application to an existing permit, must be included with the application. No application fee will exceed one thousand dollars ($1,000); and

h. If the applicant is not the owner of the lands described in the application, or any part thereof, the landowner must sign the application prior to issuance of a permit. The federal government, as a property owner, will be notified of the application, and asked to sign the application as property owner. For mining operations proposed upon land under a mining lease, either the signature of the lessor must be affixed to the application, or a copy of the complete lease attached to the application.

03.Incomplete Applications. An application for a permit may be returned for correction if the information provided on the application form or associated mine map(s) or plan of operations is incomplete or otherwise unsatisfactory. The Director will not proceed on the application until all necessary information is submitted.

04.Requirements of Maps. Vicinity maps must be prepared on standard United States Geological Survey, seven and one-half (7.5) minute quadrangle maps, or equivalent. In addition, maps of the proposed placer mining operation site will be of sufficient scale to show:

a. The location of existing roads, access, and main haul roads constructed or reconstructed in connection with the mining operation and the approximate dates for construction, reconstruction, and abandonment;

b. The approximate location and names of all known drainages, streams, creeks, or water bodies within one thousand (1,000) feet of the mining operation;

c. The approximate boundaries of the proposed disturbed lands for the mining operation, including legal description to the quarter-quarter section;

d. The approximate boundaries and acreage of the lands that will become disturbed land during the first year of operations;

e. The planned location and configuration of pits, mineral stockpiles, topsoil stockpiles, and waste dumps within the permit area;

f. Scaled cross-sections by length and height showing the surface contour prior to mining and the expected surface contour after reclamation is completed;

g. The location of required settling ponds and the discharge points, if any; and

h. Surface and mineral control or ownership map of appropriate scale for boundary identification.

05.Settling Ponds. Detailed plans and specifications for settling ponds must be drawn at an appropriate scale to show the following:

a. Layout of each settling pond including:

i. Dimensions and orientation of the settling ponds and/or other wastewater treatment components of the operation;

ii. Distance from surface waters;

iii. Pond inlet/outlet locations including emergency spillways and detailed description of control structures and piping;

iv. Location of erosion control structures;

v. Location of any current ten (10) year floodplain in relation to the mining facilities if the floodplain is within one hundred (100) feet of the facilities; and

vi. The BMPs to be implemented that will keep surface waters from entering any pits and potentially changing course.

b. A cross-section of each pond including:

i. Dimensions and orientation;

ii. Proposed sidewall elevations;

iii. Proposed sidewall slope;

iv. Sidewall width;

v. Distance from and elevation above all surface water; and

vi. Slope of settling pond location.

c. Narrative of the construction method(s) describing:

i. Bottom material;

ii. Sidewall material;

iii. Pond volume;

iv. Volume of water to be used in the wash plant;

v. Discharge or land application requirements;

vi. Any pond liners or filter materials to be installed; and

viii. Compaction techniques.

06.Requirements for Plan of Operations. A plan of operations must be submitted in map and narrative form and include the following:

a. Show how watercourses disturbed by the mining operation will be replaced on meander lines with a pool structure conducive to good fish and wildlife habitat and recreational use. Show how and where riprap or other methods of bank stabilization will be used to ensure that, following abandonment, the stream erosion will not exceed the rate normally experienced in the area. If necessary, show how the replaced watercourse will not contribute to degradation of water supplies;

b. Describe and show the contour of the proposed mine site after final backfilling and grading, with grades listed for slopes after mining;

c. On a drainage control map, show the best management practices to be utilized to minimize erosion on disturbed lands;

d. Show roads to be reclaimed upon completion of mining;

e. Show plans for both concurrent and final revegetation of disturbed lands. Indicate soil types, where soils are not present, slopes, precipitation, seed rates, species, topsoil, or other growth medium storage and handling, time of planting, method of planting and, if necessary, fertilizer and mulching rates;

f. The planned reclamation of tailings or sediment ponds;

g. An estimate of total reclamation cost to be used in establishing bond amount. The cost estimate should include the approximate cost of grading, revegetation, equipment mobilization, labor, and administrative overhead; and

h. Make a premining estimate of trees on the site by species and forest lands utilization consideration in reclamation.

07.State Approval Required. Approval of a permit must be obtained under these rules, even if approval of such plan has been or is obtained from an appropriate federal agency.

08.Application Review and Inspection. If the Department determines that an inspection is necessary, the applicant may be contacted and asked that he or his duly authorized employee or representative be present for inspection at a reasonable time. An inspection may be required prior to issuance of the permit. The applicant must make such persons available for the purpose of inspection. Failure to provide a representative does not mean that the state will not conduct such inspection.

Idaho Admin. Code r. 20.03.01.021

Effective July 1, 2024