1. (1) When rills or gullies form in areas that have been regraded and resoiled, the rills or gullies must be filled, graded, or otherwise stabilized and the area reseeded or replanted if rills or gullies are:

   1. (a) disrupting the approved postmining land use or reestablishment of the vegetative cover; or
   2. (b) causing or contributing to a violation of water quality standards for a receiving stream.

2. (2) The department shall specify time frames for completion of rill and gully repair work. Repair work will result in restarting the period of responsibility for reestablishing vegetation, unless it can be demonstrated that such work is a normal conservation practice and is limited to:

   1. (a) minor erosional features on land for which proper erosion-control practices are in use; and
   2. (b) rills and gullies that affect only small areas and do not recur.
3. (3) If reclaimed areas have experienced extensive rill or gully erosion, the department may require submittal of a plan of mitigation for such features and department approval prior to implementation of repair work.

Authorizing statute(s): 82-4-205, MCA

Implementing statute(s): 82-4-233, 82-4-235, MCA

History: NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1990 MAR p. 936, Eff. 5/18/90; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2024 MAR p. 258, Eff. 2/10/24.