Section 060. Exploration Operations And Required Reclamation

01. Diligence. All reclamation activities required to be conducted on exploration sites must b e performed in a good, workmanlike manner with all reasonable diligence, and as to a given exploration drill hole , road, or trench, within one (1) year after abandonment thereof. (3-18-22) 02. When Exploration Is Mining. Exploration operations may under some circumstances constitut e mining operations as described in Section 47-1503(7), Idaho Code. (3-18-22) 03. Notification. Any operator desiring to conduct exploration using motorized earth-movin g equipment to locate minerals for immediate or ultimate sale shall notify the Department within seven (7) days afte r beginning exploration operations. No application fee or financial assurance is required for exploration that is not a mining operation. (3-18-22) 04. Contents of Notification. The notification shall include: (3-18-22) a. The name and address of the operator; (3-18-22) b. The legal description of the exploration and its starting and estimated completion date; and (3-18-22) c. The anticipated size of the exploration and the general method of operation. (3-18-22) 05. Confidentiality. Any such notification is treated as confidential in accord with Section 180. (3-18-22) 06. Exploration Reclamation (Less Than Two Acres). Every operator who conducts exploratio n affecting less than two (2) acres shall: (3-18-22) a. Wherever possible, contour the affected lands to their approximate previous contour; and(3-18-22) b. Conduct revegetation activities in accordance with Subsection 140.11. Unless otherwise require d by a federal agency, one (1) pit or trench on a federal mining claim showing discovery, may be left open pendin g verification by federal mining examiners. (3-18-22) c. Exploration drill holes must be plugged within thirty (30) days of drilling the holes. Upon request , the director may allow the holes to be temporarily left unplugged for up to a year, but until they are plugged the hole s must be left so as to eliminate hazards to humans and animals

l mining claim showing discovery, may be left open pendin g verification by federal mining examiners. (3-18-22) c. Exploration drill holes must be plugged within thirty (30) days of drilling the holes. Upon request , the director may allow the holes to be temporarily left unplugged for up to a year, but until they are plugged the hole s must be left so as to eliminate hazards to humans and animals. (3-18-22) d. Pits or trenches on mining claims showing discovery may be left open pending verification b y federal mining examiners but shall not create a hazard to humans or animals. Such abandoned pits and trenches must be reclaimed within one (1) year of verification. (3-18-22) e. If water runoff from exploration causes siltation of surface waters in amounts more than normall y results from runoff, the operator shall reclaim affected lands and adjoining lands under his control as is necessary to meet state water quality standards. (3-18-22) 07. Exploration Reclamation (More Than Two Acres). Reclamation of lands where exploration ha s affected more than two (2) acres must be completed as set forth in Subsection 060.06 and the following additiona l requirements: (3-18-22) a. Abandoned exploration roads must be cross-ditched as necessary to minimize erosion. The directo r may request in writing, or may be petitioned in writing, that a given road or road segment be left for a specifi c purpose and not be cross-ditched or revegetated. If the director approves the petition, the operator cannot thereafter b e required to conduct reclamation activities with respect to that given road or road segment. (3-18-22) b. Ridges of overburden must be leveled so as to have a minimum width of ten (10) feet at the top. (3-18-22) c. Peaks of overburden must be leveled so as to have a minimum width of fifteen (15) feet at the top. (3-18-22) d. Overburden piles must be reasonably prepared to control erosion. (3-18-22) e

quired to conduct reclamation activities with respect to that given road or road segment. (3-18-22) b. Ridges of overburden must be leveled so as to have a minimum width of ten (10) feet at the top. (3-18-22) c. Peaks of overburden must be leveled so as to have a minimum width of fifteen (15) feet at the top. (3-18-22) d. Overburden piles must be reasonably prepared to control erosion. (3-18-22) e. Abandoned lands affected by exploration must be top-dressed to the extent that such overburden is reasonably available from any pit or other excavation created by the exploration, with that type of overburden that i s conducive to the control of erosion or the growth of vegetation that the operator elects to plant thereon. (3-18-22) f. Any water containment structure created in connection with exploration, must be reasonabl y prepared so as not to constitute a hazard to humans or animals. (3-18-22) 08. Additional Reclamation. The operator and the director may agree, in writing, to complete additional reclamation beyond the requirements established in the chapter and these rules. (3-18-22) 061. -- 067. (RESERVED) 068. APPLICATION FEES 01. Base Application Fees. The following base fee schedule will be used for all reclamation plans an d permanent closure plans and amendments to those plans. For plans processed under Section 069 of these rules, this base fee covers up to twenty (20) hours of staff time for review and processing. For plans processed under Sectio n 070 of these rules, the applicant may instead enter an agreement with the Department as described in Subsectio n 068.03 of these rules

used for all reclamation plans an d permanent closure plans and amendments to those plans. For plans processed under Section 069 of these rules, this base fee covers up to twenty (20) hours of staff time for review and processing. For plans processed under Sectio n 070 of these rules, the applicant may instead enter an agreement with the Department as described in Subsectio n 068.03 of these rules. The applicable acreage is based on the proposed reclamation plan area identified in th e application: Type of Plan Fee (Dollars) Section 069 of these rules, Reclamation Plan 0 to 5 acres Five hundred ($500) Section 069 of these rules, Reclamation Plan >5 to 40 acres Six hundred ($600) Section 069 of these rules, Reclamation Plan over 40 acres Seven hundred fifty ($750) Section 070 of these rules, Reclamation Plan 0 to 100 acres One thousand ($1,000) Section 070 of these rules, Reclamation Plan >100 to 1,000 acres One thousand five hundred ($1,500) Section 070 of these rules, Reclamation Plan >1,000 acres Two thousand ($2,000) Section 071 of these rules, Permanent Closure Plan Five thousand ($5,000) (3-18-22) 02. Additional Fees for Applications Submitted Under Section 069. Plans processed under Sectio n 069 of these rules that require more than twenty (20) hours of staff time due to an incomplete application will result i n additional fees being charged. After a revised application has been received and determined to be complete with the exception of the fee, IDL will send an invoice to the operator at a rate of forty dollars per hour ($40/hour) for th e additional review time over the initial twenty (20) hours. If this additional fee is not paid prior to the sixty (60) da y approval deadline, the application will be denied. If the additional fee is paid within 30 days of the denial, the application will be considered complete and the time requirements of Subsection 080.03 will apply. (3-18-22) 03. Alternative Fee Agreement for Applications Submitted Under Section 070

e over the initial twenty (20) hours. If this additional fee is not paid prior to the sixty (60) da y approval deadline, the application will be denied. If the additional fee is paid within 30 days of the denial, the application will be considered complete and the time requirements of Subsection 080.03 will apply. (3-18-22) 03. Alternative Fee Agreement for Applications Submitted Under Section 070. In lieu of paying a fee at the time the application is submitted, an applicant under Section 070 of these rules may enter into an agreemen t with the Department for actual costs incurred to process an application, verify a reclamation cost estimate submitte d under Idaho Code § 47-1512(c), and issue a final decision. The applicant shall not commence operations until th e terms of the agreement have been met, including that the Department has been reimbursed for all actual costs incurred for the permitting process. (3-18-22) 069. APPLICATION PROCEDURE AND REQUIREMENTS FOR QUARRIES, DECORATIVE STONE, BUILDING STONE, AND AGGREGATE MATERIALS INCLUDING SAND, GRAVEL AND CRUSHED ROCK. 01. Approval Required. Approval of a reclamation plan by the Department is required even if approval of such plan has been or will be obtained from a federal agency. (3-18-22) 02. No Operator Shall Conduct Mining Operations. No operator shall conduct mining operations o n any lands in the state until the reclamation plan has been approved by the director, and the operator has filed financia l assurance that meets the requirements of the chapter and these rules. (3-18-22) 03. Application Package. The operator must submit a complete application package, for each separat e mine or mine panel, before the reclamation plan will be approved. Separate mines are individual, physicall y disconnected operations. A complete application package consists of: (3-18-22) a. An application provided by the director; (3-18-22) b. A map or maps of the proposed mining operation which includes the information required unde r Subsection 069.04; (3-18-22) c

on package, for each separat e mine or mine panel, before the reclamation plan will be approved. Separate mines are individual, physicall y disconnected operations. A complete application package consists of: (3-18-22) a. An application provided by the director; (3-18-22) b. A map or maps of the proposed mining operation which includes the information required unde r Subsection 069.04; (3-18-22) c. A reclamation plan, in map and narrative form, which includes the information required unde r Subsection 069.05; and (3-18-22) d. An out-of-state operator shall designate an in-state agent authorized to act on behalf of the operator . In case of an emergency that requires an action or actions to prevent environmental damage, both the operator and th e authorized agent will be notified. (3-18-22) e. The correct fee listed in Section 068 of these rules. (3-18-22) 04. Map Requirements. A vicinity map must be prepared on standard United States Geological Survey (“USGS”) seven and one-half (7.5) minute quadrangle maps or equivalent. A map of the proposed minin g operation site must be of sufficient scale to show: (3-18-22) a. The location of existing roads, access, and main haul roads to be constructed or reconstructed i n conjunction with the mining operation and the approximate dates for construction, reconstruction, and abandonment; (3-18-22) b. The approximate location and names, if known, of drainages, streams, creeks, or water bodie s within one thousand (1,000) feet of the mining operation; (3-18-22) c. The approximate boundaries of the lands to be utilized in the mining operations, including a lega l description to the quarter-quarter section; (3-18-22) d. The approximate boundaries and acreage of the lands that will become affected land as a result of the mining operation during the first year of operations; (3-18-22) e. The currently planned storage locations of fuel, equipment maintenance products, wastes, and chemicals that will be utilized in the mining operation; (3-18-22) f

ing a lega l description to the quarter-quarter section; (3-18-22) d. The approximate boundaries and acreage of the lands that will become affected land as a result of the mining operation during the first year of operations; (3-18-22) e. The currently planned storage locations of fuel, equipment maintenance products, wastes, and chemicals that will be utilized in the mining operation; (3-18-22) f. The currently planned location and configuration of pits, overburden piles, crusher reject materials , mineral stockpiles, topsoil storage, wash plant ponds and sediment ponds that will be utilized; (3-18-22) g. Scaled cross-sections by length and height showing surface profiles prior to mining; and (3-18-22) h. A surface and mineral control or ownership map of appropriate scale for boundary identification; (3-18-22) 05. Reclamation Plan Requirements. Reclamation plans must be submitted in map and narrativ e form and include the following: (3-18-22) a. Where waters of the state are likely to be impacted or when requested by the director, document s identifying and assessing foreseeable, site-specific sources of water quality impacts from mining operations an d proposed management activities, such as BMPs or other measures and practices, to comply with water qualit y requirements; (3-18-22) b. Scaled cross-sections by length and height, showing planned surface profiles and slopes after reclamation; (3-18-22) c. Roads to be reclaimed; (3-18-22) d. A plan for revegetation of affected lands including soil types, slopes, precipitation, seed rates , species, handling of topsoil or other growth medium, time of planting, method of planting and, if necessary, fertilize r and mulching rates; (3-18-22) e. The planned reclamation of wash plant or sediment ponds; (3-18-22) f. A drainage control map which identifies the location of BMPs that will be implemented to contro l erosion and water quality impacts during mining and reclamation activities; (3-18-22) g

handling of topsoil or other growth medium, time of planting, method of planting and, if necessary, fertilize r and mulching rates; (3-18-22) e. The planned reclamation of wash plant or sediment ponds; (3-18-22) f. A drainage control map which identifies the location of BMPs that will be implemented to contro l erosion and water quality impacts during mining and reclamation activities; (3-18-22) g. The location of any current 100-year floodplain in relation to the mining facilities if the floodplain is within one hundred (100) feet of the facilities, and the BMPs to be implemented that will keep surface waters fro m entering any pits and potentially changing course. (3-18-22) h. For operations over five (5) acres, an estimate of total reclamation cost to be used in establishing a financial assurance amount. The cost estimate will include, but is not limited to, the approximate cost of grading , revegetation, equipment mobilization, labor, and other pertinent direct and indirect costs of a third-party to complet e reclamation. (3-18-22) i. If construction, mining, or reclamation will be completed in phases, a description of the tasks to b e completed in each phase, an estimated schedule, and proposed adjustments of financial assurance related to eac h phase. (3-18-22) 070. APPLICATION PROCEDURE AND REQUIREMENTS FOR OTHER MINING OPERATIONS INCLUDING HARDROCK, UNDERGROUND AND PHOSPHATE MINING. 01. Reclamation Plan Approval Required. Approval of a reclamation plan by the Department i s required even if approval of such plan has been or will be obtained from a federal agency. No operator shall conduc t mining operations on any lands in the state until the reclamation plan has been approved by the director, and th e operator has filed the required financial assurance. (3-18-22) 02. Application Package. The operator must submit a complete application package for each separat e mine or mine panel before the reclamation plan will be approved. Separate mines are individual, physicall y disconnected operations

erations on any lands in the state until the reclamation plan has been approved by the director, and th e operator has filed the required financial assurance. (3-18-22) 02. Application Package. The operator must submit a complete application package for each separat e mine or mine panel before the reclamation plan will be approved. Separate mines are individual, physicall y disconnected operations. A complete application package consists of: (3-18-22) a. All items and information required or allowed under Section 069 of these rules; (3-18-22) b. Any additional information required by Subsection 070.04; and (3-18-22) c. An operating plan, if required by Section 47-1506(b), Idaho Code, prepared in accordance with Subsection 070.05 of these rules. (3-18-22) 03. Map Requirements. Maps must be prepared in accordance with Subsection 069.04 of these rule s with the addition of any tailings facilities or process fluid ponds. (3-18-22) 04. Reclamation Plan Requirements. Reclamation plans must include all of the information require d under Subsection 069.05, including but not limited to phases as described in Subsection 069.05.i, and the followin g additional information: (3-18-22) a. A description of the planned reclamation of overburden disposal areas, tailings facilities, an d sediment ponds; and (3-18-22) b. An estimate of total reclamation cost to be used in establishing the financial assurance amount. Th e cost estimate should include the approximate cost of grading, revegetation, equipment mobilization, labor, and other pertinent costs for third party reclamation. (3-18-22) c. To assist in meeting the requirements of paragraph 069.05.a in these rules, a summary of requirements from a SWPPP, IPDES permit, ground water point of compliance, and other permits or approvals o r BMPs related to foreseeable water quality impacts on the affected land. (3-18-22) d

ing, revegetation, equipment mobilization, labor, and other pertinent costs for third party reclamation. (3-18-22) c. To assist in meeting the requirements of paragraph 069.05.a in these rules, a summary of requirements from a SWPPP, IPDES permit, ground water point of compliance, and other permits or approvals o r BMPs related to foreseeable water quality impacts on the affected land. (3-18-22) d. Structures that will be built to help implement a SWPPP, IPDES permit, Point of Compliance o r other permits or approvals related to foreseeable water quality impacts on the affected land. (3-18-22) e. Additional information regarding coarse and durable rock armor if any is proposed to be used fo r reclamation of mine facilities. The director may, after considering the type, size, and potential environmental impac t of the facility, require the operator to include additional information in the reclamation plan. Such information ma y include, but is not limited to, one (1) or more of the following: (3-18-22) i. A description of the quantities, size, geologic characteristics, and durability of the materials to b e used for final reclamation and armoring. (3-18-22) ii. A description of how the coarse and durable materials will be handled and/or stockpiled, includin g a schedule for such activities that will ensure adequate quantities are available during reclamation. (3-18-22) f. The director may, after considering the type, size, and potential environmental impact of th e facility, require the operator to provide a geotechnical analysis and report. If failure of these structures can reasonabl y be expected to impact adjacent surface or ground waters or adjacent private or state-owned lands, the analysis may b e required to consider the long-term stability of these structures, the potential for ground water accumulation, and th e expected seismic accelerations at the site. The report must bear the imprint of an Idaho licensed professional engineer that is both signed and dated by the engineer

xpected to impact adjacent surface or ground waters or adjacent private or state-owned lands, the analysis may b e required to consider the long-term stability of these structures, the potential for ground water accumulation, and th e expected seismic accelerations at the site. The report must bear the imprint of an Idaho licensed professional engineer that is both signed and dated by the engineer. The report shall show that the following features, if present, are designed in a manner that is consistent with industry standards to minimize the potential for failure: (3-18-22) i. Any waste rock or overburden stockpiles; (3-18-22) ii. Any pit walls proposed to be more than one hundred (100) feet high; and (3-18-22) iii. Any pit walls where geologic conditions could lead to failure of the wall regardless of the height. (3-18-22) g. Underground mines must provide the following additional information: (3-18-22) i. Location and dimensions of all underground mine openings at the ground surface, including but no t limited to vents, shafts, and adits; and (3-18-22) ii. A description of how each mine opening in subparagraph 070.04.g.i of these rules will be secured during reclamation to eliminate hazards to human health and safety. (3-18-22) h. A description of post-closure activities that includes the proposed length of the post-closure perio d and the following: (3-18-22) i. A summary of procedures and methods for water management including any likely IPDES permit , stormwater permit, and monitoring required for any ground water point of compliance, along with sufficien t information to support a cost estimate for such water management activities. (3-18-22) ii. Care and maintenance for facilities after mining has ceased. (3-18-22) i. Other pertinent information the Department has determined is necessary to ensure that the operator will comply with the requirements of the chapter. (3-18-22) 05. Operating Plan Requirements. A complete operating plan shall consist of: (3-18-22) a

to support a cost estimate for such water management activities. (3-18-22) ii. Care and maintenance for facilities after mining has ceased. (3-18-22) i. Other pertinent information the Department has determined is necessary to ensure that the operator will comply with the requirements of the chapter. (3-18-22) 05. Operating Plan Requirements. A complete operating plan shall consist of: (3-18-22) a. Ore, tailings, and waste rock handling flow sheets and diagrams. (3-18-22) b. Waste rock management plan. (3-18-22) c. Water quality monitoring locations. (3-18-22) d. Anticipated concurrent reclamation prior to the cessation of mining. (3-18-22) e. Estimated throughput and timeline for mining. (3-18-22) f. Types of ore processing and beneficiation. (3-18-22) g. Process fluid pond volumes and anticipated contents, if applicable. (3-18-22) 06. Monitoring Data. The Department will, as needed and through consultation with DEQ, obtain th e operator’s baseline data on ground water or surface water gathered during the planning and permitting process for th e operation, and may require the operator to furnish additional monitoring data during the life of the project. This wil l not require any additional monitoring data where such data is already provided under an IPDES permit, SWPPP, ground water point of compliance, or other federal or state requirements for collecting surface or ground water data. (3-18-22) 071. APPLICATION PROCEDURE AND REQUIREMENTS FOR PERMANENT CLOSURE OF CYANIDATION FACILITIES. 01. Permanent Closure Plan Approval Required. No operator shall operate a new cyanidation facility or materially modify or materially expand an existing cyanidation facility prior to obtaining a permit , approval from the director and before the operator has filed financial assurance, as required by these rules. (3-18-22) 02. Permanent Closure Plan Requirements. A permanent closure plan shall: (3-18-22) a

anent Closure Plan Approval Required. No operator shall operate a new cyanidation facility or materially modify or materially expand an existing cyanidation facility prior to obtaining a permit , approval from the director and before the operator has filed financial assurance, as required by these rules. (3-18-22) 02. Permanent Closure Plan Requirements. A permanent closure plan shall: (3-18-22) a. Identify the current owner of the cyanidation facility and the party responsible for the permanen t closure and the long-term care and maintenance of the cyanidation facility; (3-18-22) b. Include a timeline showing: (3-18-22) i. The schedule to complete permanent closure activities, including neutralization of process water s and material stabilization, and the time period for which the operator is responsible for post-closure activities; and (3-18-22) ii. If the operator plans to complete construction, operation, and/or permanent closure of th e cyanidation facility in phases, the schedule to begin each phase of construction, operation, and/or permanent closur e activities and any associated post-closure activities. (3-18-22) c. Provide the objectives, methods, and procedures that will achieve neutralization of process waters and material stabilization during the closure period and through post-closure; (3-18-22) d. Provide a water management plan from the time the cyanidation facility is in permanent closure through the defined post-closure period. The plan must be prepared in accordance with IDAPA 58.01.13, “Rules for Ore Processing by Cyanidation,” administered by the DEQ, as required to meet the objectives of the permanent closure plan. (3-18-22) e. Include the schematic drawings for all BMPs that will be used during the closure period, throug h the defined post-closure period, and a description of how the BMPs support the water management plan, and a n explanation of the water conveyance systems that are planned for the cyanidation facility. (3-18-22) f

y the DEQ, as required to meet the objectives of the permanent closure plan. (3-18-22) e. Include the schematic drawings for all BMPs that will be used during the closure period, throug h the defined post-closure period, and a description of how the BMPs support the water management plan, and a n explanation of the water conveyance systems that are planned for the cyanidation facility. (3-18-22) f. Provide proposed post-construction topographic maps and scaled cross-sections showing the configuration of the final heap or tailing facility, including the final cap and cover designs and the plan for long-ter m operation and maintenance of the cap. Caps and covers used as source control measures for cyanidation facilitie s must be designed to minimize the interaction of meteoric waters, surface waters, and ground waters with waste s containing pollutants that are likely to be mobilized and discharged to waters of the state. Prior to approval of a permanent closure plan, engineering designs and specifications for caps and covers must bear the imprint of an Idaho licensed professional engineer that is both signed and dated by the engineer; (3-18-22) g. Include monitoring plans for surface and ground water during closure and post-closure periods , adequate to demonstrate water quality trends and to ensure compliance with the stated permanent closure objective s and the requirements of the chapter; (3-18-22) h. Provide an assessment of the potential impacts to soils, vegetation, and surface and ground water s for all areas to be used for the land application system and provide a mitigation plan, as appropriate. (3-18-22) i. Provide information on how the operator will comply with the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; Idaho Hazardous Waste Management Act, Chapter 44, Title 39, Idah o Code; Idaho Solid Waste Management Act, Chapter 74, Title 39, Idaho Code; and appropriate state rules, durin g operation and permanent closure; (3-18-22) j

itigation plan, as appropriate. (3-18-22) i. Provide information on how the operator will comply with the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; Idaho Hazardous Waste Management Act, Chapter 44, Title 39, Idah o Code; Idaho Solid Waste Management Act, Chapter 74, Title 39, Idaho Code; and appropriate state rules, durin g operation and permanent closure; (3-18-22) j. Provide sufficient detail to allow the operator to prepare an estimate of the reasonable costs to implement the permanent closure plan; (3-18-22) k. Provide an estimate of the reasonable estimated costs to complete the permanent closure activities specified in the permanent closure plan in the event the operator fails to complete those activities. The estimate shall: (3-18-22) i. Identify the incremental costs of attaining critical phases of the permanent closure plan and a proposed financial assurance release schedule; (3-18-22) ii. Assume that permanent closure activities will be completed by a third party whose services ar e contracted for by the Board as a result of a financial assurance forfeiture under Section 47-1513, Idaho Code. (3-18-22) l. If the proposal is to complete cyanidation facility construction, operation, and/or permanent closur e activities in phases: (3-18-22) i. Describe how these activities will be phased and how, after the first phase of activities, eac h subsequent phase will be distinguished from the previous phase or phases; and (3-18-22) ii. Describe how any required post-closure activities will be addressed during and after eac h subsequent phase has begun. (3-18-22) m. Provide any additional information that may be required by the Department to ensure complianc e with the objectives of the permanent closure plan and the requirements of the chapter. (3-18-22) 03. Preapplication Conference

e previous phase or phases; and (3-18-22) ii. Describe how any required post-closure activities will be addressed during and after eac h subsequent phase has begun. (3-18-22) m. Provide any additional information that may be required by the Department to ensure complianc e with the objectives of the permanent closure plan and the requirements of the chapter. (3-18-22) 03. Preapplication Conference. Prospective applicants are encouraged to meet with the Departmen t well in advance of preparing and submitting an application package to discuss the anticipated applicatio n requirements and application procedures, and to arrange for a visit or visits to the proposed location of th e cyanidation facility. The preapplication conference may trigger a period of collaborative effort between th e Department, the DEQ, and the applicant in developing checklists to be used by the agencies in reviewing a n application for completion, accuracy, and protectiveness. (3-18-22) 04. Application Package for Permanent Closure. An application and its contents submitted to th e Department will be used to determine whether an applicant can complete all permanent closure activities i n conformance with all applicable state laws. An application must provide information in sufficient detail to allow th e director to make necessary application review decisions regarding cyanidation facility closure and protection o f public health, safety, and welfare, in accordance with the chapter. A complete application package must be submitte d to the Department. A complete application package for an operator proposing to use cyanidation shall consist of: (3-18-22) a. A Department application form completed, signed, and dated by the applicant. This form shall contain the following information: (3-18-22) i. Name, location, and mailing address of the cyanidation facility; (3-18-22) ii. Name, mailing address, and phone number of the operator. An out-of-state operator shall designate an in-state agent authorized to act on his behalf

n shall consist of: (3-18-22) a. A Department application form completed, signed, and dated by the applicant. This form shall contain the following information: (3-18-22) i. Name, location, and mailing address of the cyanidation facility; (3-18-22) ii. Name, mailing address, and phone number of the operator. An out-of-state operator shall designate an in-state agent authorized to act on his behalf. In case of an emergency that requires actions to preven t environmental damage, both the operator and his agent will be notified; (3-18-22) iii. Land ownership status (federal, state, private or public); (3-18-22) iv. The legal description to the quarter-quarter section of the location of the proposed cyanidatio n facility; and (3-18-22) v. The legal structure (corporation, partnership, etc.) and primary place of business of the operator. (3-18-22) b. Evidence that the applicant is authorized by the Secretary of State to conduct business in the stat e of Idaho; (3-18-22) c. A permanent closure plan as prescribed in Subsection 071.02; (3-18-22) d. The DEQ application and supporting materials; (3-18-22) e. The fee as defined in Subsection 071.05.a. (3-18-22) 05. Application Fee. The application fee shall consist of two (2) parts: (3-18-22) a. Processing and review fee. (3-18-22) i. The applicant shall pay a nonrefundable five thousand dollar ($5,000) fee upon submission of a n application. Within thirty (30) days of receiving an application and this fee, the director shall provide a detailed cos t estimate to the operator which includes a description of the scope of the Department’s review; the assumptions on which the Department’s estimate is based; and an itemized accounting of the anticipated number of labor hours , hourly labor rates, travel expenses and any other direct expenses the Department expects to incur, and indirec t expenses equal to ten percent (10%) of the Department’s estimated direct costs, as required to satisfy its statutor y obligation pursuant to the chapter. (3-18-22) ii

tions on which the Department’s estimate is based; and an itemized accounting of the anticipated number of labor hours , hourly labor rates, travel expenses and any other direct expenses the Department expects to incur, and indirec t expenses equal to ten percent (10%) of the Department’s estimated direct costs, as required to satisfy its statutor y obligation pursuant to the chapter. (3-18-22) ii. If the Department’s estimate is greater than five thousand dollars ($5,000), the applicant may agree to pay a fee equal to the difference between five thousand dollars ($5,000) and the Department’s estimate, or ma y commence negotiations with the Department to establish a reasonable fee. (3-18-22) iii. If, within twenty (20) days from issuance of the Department’s estimate, the Department an d applicant cannot agree on a reasonable application processing and review fee, the applicant may appeal to the Board . The Board shall: (3-18-22) (1) Review the Department’s estimate; (3-18-22) (2) Conduct a hearing where the applicant is allowed to give testimony to the Board concerning the Department’s estimate; and (3-18-22) (3) Establish the amount of the application review and processing fee. (3-18-22) iv. If the fee is more than five thousand dollars ($5,000), the applicant shall pay the balance of the fe e within fifteen (15) days of the Board’s decision or withdraw the application. (3-18-22) v. Nothing in this section shall extend the time in which the Board must act on a plan submitted. (3-18-22) b. Permanent closure cost estimate verification fee. (3-18-22) i. Pursuant to Sections 47-1506(g) and 47-1508(f), Idaho Code, the Department may employ a qualified independent party, acceptable to the operator and the Board, to verify the accuracy of the permanent closure cost estimate. (3-18-22) ii. The applicant is solely responsible for paying the Department’s cost to employ a qualifie d independent party to verify the accuracy of the permanent closure cost estimate

t to Sections 47-1506(g) and 47-1508(f), Idaho Code, the Department may employ a qualified independent party, acceptable to the operator and the Board, to verify the accuracy of the permanent closure cost estimate. (3-18-22) ii. The applicant is solely responsible for paying the Department’s cost to employ a qualifie d independent party to verify the accuracy of the permanent closure cost estimate. The applicant may participate in th e Department’s processes for identifying qualified parties and selecting a party to perform this work. (3-18-22) iii. If a federal agency has responsibility to establish the financial assurance amount for permanen t closure of a cyanidation facility on federal land, the Department may employ the firm retained by the federal agenc y to verify the accuracy of the permanent closure cost estimate. If the director chooses not to employ the firm retaine d by the federal agency, he shall provide a written justification explaining why the firm was not employed. (3-18-22) 072. -- 079. (RESERVED) 080. PROCEDURES FOR REVIEW AND DECISION UPON AN APPLICATION FOR A RECLAMATION PLAN OR PERMANENT CLOSURE PLAN. 01. Return of Application. Within thirty (30) days after receipt of a reclamation plan or permanent closure plan by the Department, an application may be returned for correction and resubmission if either the reclamation plan or permanent closure plan are incomplete. Return of an application by the director shall constitute a rejection in accordance with Section 47-1507(b), Idaho Code. (3-18-22) 02. Agency Notification and Comments. (3-18-22) a. Nonconfidential materials submitted under Sections 069, 070, and 071 will be forwarded by th e director to the Idaho Departments of Water Resources, Environmental Quality, and Fish and Game for review an d comment. The director may decide not to circulate applications submitted under Section 069 if the directo r determines the impacts of the proposed activities are minor and do not involve surface or ground waters

aterials submitted under Sections 069, 070, and 071 will be forwarded by th e director to the Idaho Departments of Water Resources, Environmental Quality, and Fish and Game for review an d comment. The director may decide not to circulate applications submitted under Section 069 if the directo r determines the impacts of the proposed activities are minor and do not involve surface or ground waters. The directo r may provide public notice on receipt of a reclamation plan or permanent closure plan. In addition, nonconfidentia l contents of an application will be provided to individuals who request the information in writing, as required by th e Idaho Public Records Act. (3-18-22) b. Upon receipt of a complete application for a reclamation plan or a permanent closure plan, the director shall provide notice to the cities and counties where the mining or cyanidation facility operation is proposed , in accordance with Section 47-1505(7), Idaho Code. The notice shall include the name and address of the operator , the procedure and schedule for the Department’s review, and an invitation to review nonconfidential portions of th e application, if requested in writing. Such notice will be provided upon receipt of a reclamation plan, a permanent closure plan, or any amended plan for an existing operation, or an amended cost estimate to complete permanen t closure of a cyanidation facility, if required under the chapter and these rules.. (3-18-22) 03. Decision on Reclamation Plans. The director shall review a new reclamation plan or an amende d reclamation plan pursuant to Sections 47-1507 and 47-1508, Idaho Code. (3-18-22) a. Approval. (3-18-22) i. Within sixty (60) days of receipt of an application that complies with Subsections 069 and 070 o f these rules, the Department shall provide written notice to the applicant that the reclamation plan or an y amendment(s) to an approved reclamation plan is approved or denied and, if approved, the amount of the financial assurance required; or (3-18-22) ii

ho Code. (3-18-22) a. Approval. (3-18-22) i. Within sixty (60) days of receipt of an application that complies with Subsections 069 and 070 o f these rules, the Department shall provide written notice to the applicant that the reclamation plan or an y amendment(s) to an approved reclamation plan is approved or denied and, if approved, the amount of the financial assurance required; or (3-18-22) ii. If the director does not take action within sixty (60) days, a reclamation plan or any amendment s thereof is deemed to comply with the chapter, unless the sixty (60) day time period is extended pursuant to Sectio n 47-1507(c), Idaho Code. (3-18-22) iii. The operator and director may agree, in writing, to implement additional actions with respect t o reclamation that extend beyond the requirements set forth in these rules. (3-18-22) b. Inspections. The director may determine that an inspection of the proposed mining site location is necessary if the inspection will provide additional information or otherwise aid in processing of the application. (3-18-22) i. If the director decides to perform an inspection, the applicant will be contacted and asked that he or an authorized employee or agent be present. This rule shall not prevent the Department from making an inspection o f the site if the applicant does not appear. (3-18-22) ii. If weather conditions preclude an inspection of a proposed mining operation, the director shall provide written notice to the applicant that review of the reclamation plan or an amended reclamation plan has bee n suspended until weather conditions permit an inspection, and that the schedule for a decision will be extended for u p to thirty (30) days after weather conditions permit such inspection in accordance with Section 47-1507(c), Idah o Code. (3-18-22) 04. Decision on Cyanidation Facility Permanent Closure Plans. Pursuant to Sections 47-1507 an d 47-1508, Idaho Code, following review of a complete application, the director shall: (3-18-22) a. Coordination with DEQ

t the schedule for a decision will be extended for u p to thirty (30) days after weather conditions permit such inspection in accordance with Section 47-1507(c), Idah o Code. (3-18-22) 04. Decision on Cyanidation Facility Permanent Closure Plans. Pursuant to Sections 47-1507 an d 47-1508, Idaho Code, following review of a complete application, the director shall: (3-18-22) a. Coordination with DEQ. Initiate a coordinated interagency review of the application by providing a notice in writing to the DEQ director that the Department has received an application for permanent closure of a cyanidation facility; (3-18-22) b. Approval. (3-18-22) i. Within one-hundred eighty (180) days of receipt of an application that complies with Subsectio n 071.04 of these rules, the Department shall provide written notice to the applicant that the permanent closure plan i s approved or denied and, if approved, the amount of the permanent closure financial assurance required; or (3-18-22) ii. If the director does not take action within one-hundred eighty (180) days, a permanent closure plan, or any amendments thereof, is deemed to comply with the provisions of the chapter, unless the one hundred eight y (180) day time period is extended in accordance with Section 47-1507(c), Idaho Code. (3-18-22) c. Inspections. The director may determine that it is necessary to inspect the proposed cyanidatio n facility location if the inspection will provide additional information or otherwise aid in processing of the application. (3-18-22) i. If the director determines to inspect the site, the applicant will be contacted and asked that he or a n authorized employee or agent be present. The Department may proceed with an inspection if the applicant or his designated employee or agent does not appear. (3-18-22) ii

ocation if the inspection will provide additional information or otherwise aid in processing of the application. (3-18-22) i. If the director determines to inspect the site, the applicant will be contacted and asked that he or a n authorized employee or agent be present. The Department may proceed with an inspection if the applicant or his designated employee or agent does not appear. (3-18-22) ii. If weather conditions preclude an inspection of the proposed cyanidation facility, the director shal l provide written notice to the applicant that processing of the application has been suspended until weather condition s permit an inspection, and that the schedule for a decision is extended for up to thirty (30) days after weathe r conditions permit such inspection in accordance with Section 47-1507(c), Idaho Code. (3-18-22) 05. Permanent Closure Plan Approval. (3-18-22) a. The Department may condition its approval on issuance of a permit by the DEQ for the cyanidation facility. (3-18-22) b. Except for the concurrent and additional permanent closure requirements that may be established i n a permit issued by the DEQ pursuant to Section 39-118A, Idaho Code and IDAPA 58.01.13, “Rules for Or e Processing by Cyanidation,” an approved permanent closure plan shall define the nature and extent of the operator’ s obligation under the chapter. (3-18-22) c. The permanent closure plan, as approved by the Department in coordination with the DEQ, will b e incorporated by reference into the cyanidation facility permit issued by DEQ as a permit condition and will b e enforceable as such. The operator shall ensure that closure complies with the approved permanent closure plan an d any additional permanent closure requirements as outlined in the permit issued by DEQ. (3-18-22) d. No sooner than one hundred and twenty (120) days after an application for a permanent closur e plan has been submitted to the Department, the applicant may submit a reclamation plan as required by Section 07 0 of these rules

ensure that closure complies with the approved permanent closure plan an d any additional permanent closure requirements as outlined in the permit issued by DEQ. (3-18-22) d. No sooner than one hundred and twenty (120) days after an application for a permanent closur e plan has been submitted to the Department, the applicant may submit a reclamation plan as required by Section 07 0 of these rules. The Department will review and approve the reclamation plan in accordance with Subsection 080 o f these rules. (3-18-22) e. Approval of a permanent closure plan by the Department is required even if approval of such plan has been or will be obtained from an appropriate federal agency. (3-18-22) 06. Denial of an Application. If the director rejects an application, the director shall deliver in writin g to the applicant a statement of the reasons the application has been rejected, the factual findings upon which th e rejection is based, a statement of the applicable statute(s) and rule(s), the manner in which the application failed t o fulfill the requirements of these rules, and the action that must be taken or conditions that must be satisfied to mee t the requirements of the chapter and these rules. The applicant may submit an amended application in accordance wit h Sections 069, 070 or 071 of these rules for review and, if appropriate, approval by the Department. The director shall deny a reclamation plan, permanent closure plan, or any amendments thereof if: (3-18-22) a. The application is inaccurate or incomplete; (3-18-22) b. The cyanidation facility as proposed cannot be conditioned for construction, operation, and closur e to protect public safety, health, and welfare, in accordance with the scope and intent of these rules, or to protect beneficial uses of the waters of the state, as determined by the DEQ pursuant to Section 39-118A, Idaho Code an d IDAPA 58.01.13, “Rules for Ore Processing by Cyanidation” and other DEQ rules cited therein. (3-18-22) 07. Public Hearing

ioned for construction, operation, and closur e to protect public safety, health, and welfare, in accordance with the scope and intent of these rules, or to protect beneficial uses of the waters of the state, as determined by the DEQ pursuant to Section 39-118A, Idaho Code an d IDAPA 58.01.13, “Rules for Ore Processing by Cyanidation” and other DEQ rules cited therein. (3-18-22) 07. Public Hearing. The director may call a public hearing to determine whether a propose d application complies with the chapter and these rules. A hearing will be conducted in accordance with Section 110 o f these rules. (3-18-22) 08. Referral to Board. The director may refer the decision concerning an application to the Board . This action will not extend the time period for a decision to approve or deny an application. (3-18-22) 09. Appeal of Final Order. Any final order of the Board regarding an application for a minin g reclamation plan or for permanent closure of a cyanidation facility may be appealed as set forth in Section 47-1514, Idaho Code. (3-18-22) 081. -- 089. (RESERVED)