Section 001. Title And Scope

01. Title. These rules are titled IDAPA 20.03.02, “Rules Governing Mined Land Reclamation, ” IDAPA 20, Title 03, Chapter 02. (3-18-22) 02. Scope. These rules establish the notification requirements for exploration and the application , operation, and reclamation requirements for mined lands. In addition, they establish the application and closur e requirements for cyanidation facilities. These rules also establish the reclamation and financial assuranc e requirements for all these activities, and describe the processes used to administer the rules in an orderly an d predictable manner. (3-18-22) 03. Other Laws. Operators engaged in exploration, mine operation, and operation of a cyanidation facility shall comply with all applicable laws and rules of the state of Idaho including, but not limited to th e following: (3-18-22) a. Idaho water quality standards established in Title 39, Chapters 1 and 36, Idaho Code; IDAP A 58.01.02, “Water Quality Standards”; and IDAPA 58.01.11, “Ground Water Quality Rule,” administered by th e Department of Environmental Quality (DEQ). (3-18-22) b. Requirements and procedures for hazardous and solid waste management, as established in Title 39, Chapter 44, Idaho Code, and rules promulgated thereunder including, IDAPA 58.01.05, “Rules and Standards fo r Hazardous Waste” and IDAPA 58.01.06, “Solid Waste Management Rules,” administered by the DEQ. (3-18-22) c. Section 39-118A, Idaho Code, and applicable rules for ore processing by cyanidation a s promulgated and administered by the DEQ as defined in IDAPA 58.01.13, “Rules for Ore Processing b y Cyanidation.” (3-18-22) d. Section 39-175, Idaho Code, and applicable rules for the discharge of pollutants to waters of th e United States as promulgated and administered by DEQ in IDAPA 58.01.25, “Rules Regulating the Idaho Pollutan t Discharge Elimination System Program.” (3-18-22) e

nidation a s promulgated and administered by the DEQ as defined in IDAPA 58.01.13, “Rules for Ore Processing b y Cyanidation.” (3-18-22) d. Section 39-175, Idaho Code, and applicable rules for the discharge of pollutants to waters of th e United States as promulgated and administered by DEQ in IDAPA 58.01.25, “Rules Regulating the Idaho Pollutan t Discharge Elimination System Program.” (3-18-22) e. Idaho Stream Channel Protection Act, Title 42, Chapter 38, Idaho Code, and applicable rules a s promulgated and administered by the Idaho Department of Water Resources. (3-18-22) f. Idaho Dam Safety Act, Sections 42-1710 through 42-1721, Idaho Code, and applicable rules promulgated and administered by the Idaho Department of Water Resources. (3-18-22) 04. Applicability. These rules are to be read and applied in conjunction with the chapter. These rule s apply to all exploration, mining operations, and permanent closure of cyanidation facilities on all lands in the state , regardless of ownership. (3-18-22) a. These rules apply to mining operations or exploration operations commenced after January 1, 1997 . These rules in no way affect, alter, or modify the terms or conditions of any approved reclamation plan, reclamatio n plan amendment, or financial assurance for reclamation obtained prior to January 1, 1997. If a material change arises and is regulated in accordance with Subsection 090.01, then the operator shall submit a reclamation plan amendment. (3-18-22) b. These rules do not apply to: (3-18-22) i. Any surface mining operations performed prior to May 31, 1972. An operator will not be require d to perform reclamation activities on any pit or overburden pile as it existed prior to May 31, 1972. (3-18-22) ii. Mining operations for which the Idaho Dredge and Placer Mining Protection Act requires a permit , or which are otherwise regulated by that act. (3-18-22) iii

do not apply to: (3-18-22) i. Any surface mining operations performed prior to May 31, 1972. An operator will not be require d to perform reclamation activities on any pit or overburden pile as it existed prior to May 31, 1972. (3-18-22) ii. Mining operations for which the Idaho Dredge and Placer Mining Protection Act requires a permit , or which are otherwise regulated by that act. (3-18-22) iii. Extraction of minerals from within the right-of-way of a public highway by a public o r governmental agency for maintenance, repair or construction of a public highway, provided the affected land is an integral part of such highway. (3-18-22) iv. Underground mines that existed prior to July 1, 2019, and have not expanded their surfac e disturbance by 50% or more after that date. (3-18-22) c. Sand and gravel mining operations in state-owned beds of navigable lakes, rivers or streams shal l constitute an approved mining plan for the purpose of these rules if the operator has all of the following: (3-18-22) i. A valid riverbed mineral lease granted by the Board in accordance with IDAPA 20.03.05, “Rules Governing Riverbed Mineral Leasing”, with a valid mineral lease bond; (3-18-22) ii. An approved plan of operations for the riverbed mineral lease; and (3-18-22) iii. A valid stream channel alteration permit issued by the Idaho Department of Water Resources. (3-18-22) d. Surface mining operations, conducted by a public or governmental agency for maintenance, repair, or construction of a public highway, which: (3-18-22) i. Disturb more than two (2) acres will comply with the provisions of Section 069; or (3-18-22) ii. Disturb less than two (2) acres will comply with Subsections 060.06.a. through 060.06.e.(3-18-22) e

Idaho Department of Water Resources. (3-18-22) d. Surface mining operations, conducted by a public or governmental agency for maintenance, repair, or construction of a public highway, which: (3-18-22) i. Disturb more than two (2) acres will comply with the provisions of Section 069; or (3-18-22) ii. Disturb less than two (2) acres will comply with Subsections 060.06.a. through 060.06.e.(3-18-22) e. A cyanidation facility with a permit approved by the DEQ prior to July 1, 2005, is subject to th e applicable laws and rules for ore processing by cyanidation in effect on June 30, 2005; however, if there is a material modification or material expansion to a cyanidation facility after July 1, 2005, these rules shall apply to th e modification or expansion. (3-18-22) 002. -- 009. (RESERVED)