ARM 17.24.1902. ABANDONED MINE LAND CATEGORICAL EXCLUSION

(1) The following AML projects conducted by the department or its contractors are determined by the department under Title 75, chapter 1, MCA, to be categorical exclusions that do not individually, collectively, or cumulatively cause significant adverse effects on the quality of the Montana environment and therefore are exempt from the procedural requirements of Title 75, chapter 1, MCA, if all of the following conditions are met and no extraordinary circumstances are present as described in 75-1-209(2), MCA: (a) no more than 100 acres; (b) no hazardous wastes; (c) no explosives; (d) no hazardous or explosive gases; (e) no dangerous impoundments; (f) no mine fires and refuse fires; (g) no undisturbed, noncommercial borrow or disposal sites; (h) no dangerous slides where abatement has the potential for damaging inhabited property; (i) no subsidences involving the placement of material into underground mine voids through drilled holes to address more than one structure; and (j) no unresolved issues with agencies, persons, or groups or adverse effects requiring specialized mitigation. (2) The department will review each AML project to determine, based on the project description and site-specific information, whether the project meets the requirements of (1). The department shall document this determination for each project in a written record. (3) AML projects may proceed with a de minimis modification without requiring an environmental review under Title 75, chapter 1, MCA, provided: (a) the project has met the requirements of (1); (b) the project meets the requirements of ARM 17.4.607(5); and (c) the de minimis modification to the project does not change the overall project details evaluated under (1). (4) The department shall document the determination in (3) for each project and de minimis modification in a written record.