Montana Department of Environmental Quality About Us Permitting & Operator Assistance Public Participation

Hard Rock Mining

Program Overview

The Mining Bureau oversees implementation and enforcement of the Montana Metal Mine Reclamation Act. The Act recognizes mining and the production of minerals as activities that are beneficial to the economy of Montana, when conducted in a way that protects the environment from degradation and ensures for proper reclamation of mined land. The Bureau reviews permit and license applications for mining operations ranging from decorative landscaping rock to copper ore to sapphires. 


Types of Permits & Licenses

The Mining Bureau has separate programs for hard rock exploration and hard rock mining. Hard rock exploration requires a license to perform drilling and trenching and other activities to determine if an economical mineral resource is present. Hard rock mining can occur under a Small Miner Exclusion Statement (SMES) or under an Operating Permit. Small Miner Exclusion mining has the limitation of not more than five acres of disturbance at any one time. Mining that cannot be limited to five acres of disturbance, can only be done under an Operating Permit. In some circumstances, multiple sites may be permitted under a single Operating Permit.

If you believe you need a permit, applicable forms and instructions can be found by clicking the "Permitting and Operator Assistance" button. Contact us if you have questions or run into problems with any of the information. We're here to help!

Operating Permits

Operating permits are required for hard rock mines that will disturb more than five acres at any one time. The Hard Rock Mining Section of the Mining Bureau is responsible for the review of permit applications for operating permits and for the corresponding inspections of those mines. The Hard Rock Mining Section is also responsible for implementing other portions of the program, such as the review/development of environmental reviews, the review of annual reports, the review of permit revision requests, and the review of amendment applications.

Please be advised that these documents and notices are being posted to the website as a courtesy. The format or content of documents and notices posted may be modified as necessary for website software requirements and protocols. Reliance should not be placed on courtesy notifications in lieu of the statutory notification requirements set forth in the Montana Metal Mine Reclamation Act. Please note that the pending amendments and pending operating permit applications listed below are those that are currently under review by the Mining Bureau.

Exploration Licenses

An Exploration License is required for all mineral exploration activities that may involve surface or subsurface disturbance. The Exploration License is not a mining permit, and cannot be used for mining. Likewise, the Operating Permit (OP) and Small Miner Exclusion Statement (SMES) are intended for “mining” and cannot be used for “exploration.”

Small Miner Exclusions

Small Miner Exclusion Statements are an exclusion from the requirements of an Operating Permit and are generally applicable to operations that disturb less than five acres of land. Bonding and site reclamation is not required, except for placer mining operations. An environmental review of potential impacts is also not required.

Hard Rock Mining Contacts

Hard Rock Operating Permit Contact
Section Supervisor
Millie Olsen (406) 444-2461

Program Support Specialist
Jean Correia (406) 444-0988

SMES/Exploration Contact
Program Support Specialist
Shannon Johnson (406) 444-3920

Updates

Sign up for email updates for DEQ Mining topics.

Pending Amendments

Stillwater Mining Company (SMC) filed an application with the Department of Environmental Quality for an amendment (Amendment 014) to Hard Rock Mine Operating Permit No. 00118 under the Metal Mine Reclamation Act. SMC currently operates an underground platinum group metals mine at the Stillwater Mine (SWM). The SWM is located at (Latitude N45°23'20.7", Longitude W109°52'33.2"), on County Road 419/Nye Road, approximately 5 miles southwest of Nye in Stillwater County. The facilities at the SWM include a concentrator, the East Side Waste Rock Storage Facility (ESWRSF), the Nye Tailings Storage Facility (TSF) which is currently being capped, and other ancillary facilities that support the operation. Water management facilities and a second TSF, the Hertzler Stage 3 TSF, are located approximately 7 miles northeast of the mine site at the Hertzler Ranch (Latitude N45°27’30.50”, Longitude W109°47’17.99”) on County Road 420/Stillwater River Road.

Amendment 014 would expand the waste rock and tailings storage capacity of the SWM. The ESWRSF is proposed to be expanded to the north and east of the current footprint and increase the permitted height from an elevation of 5,150 feet to 5,350 ft. There would be 48.2 acres of new disturbance associated with the ESWRSF expansion. SMC proposes to increase the permit area at the SWM site by 4.1 acres, from 2424 acres to 2428.1 acres, and increase the permitted disturbance area by 28.0 acres, from 440.8 acres to 468.8 acres. The expansion would be developed in five stages to provide an additional 16.6 million cubic yards of storage and extend the life of the facility to approximately 2065.

SMC proposes to expand tailings storage for the SWM directly west of the existing Hertzler Stage 3 TSF by the sequential construction of two additional storage cells which have been designated as the Stage 4 TSF and Stage 5 TSF. The Stage 4 TSF would provide an additional 11.8 million cubic yards of storage capacity until approximately 2045 and the Stage 5 TSF would provide an additional 12.8 million cubic yards of storage capacity until approximately 2061. A new, lined 200-million-gallon land application disposal treated water storage pond would be constructed west of the existing Stage 3 TSF to facilitate development of the future Stage 4 and Stage 5 TSF. The total disturbance for the expansion at Hertzler Ranch would be 454.5 acres, which includes 94.3 acres of disturbance outside the current permitted for disturbance boundary and 360.2 acres of disturbance within the current permitted for disturbance boundary.

Pending Applications

DEQ received an application for an exploration license from Luke Ployhar on October 4, 2021, to excavate a trench measuring 35 feet long by 10 feet wide by 25 feet deep in order to extract a 125-ton bulk sample for metallurgical testing. The entire proposed project would be located on private land within the former Zortman Mine boundary and disturb about 0.18 acre.

Draft Environmental Assessment

Final Environmental Assessment

Mike Wirth Construction, LLC (MWC) filed an application with the Department of Environmental Quality for an operating permit (pending Operating Permit No. 00211) under the Metal Mine Reclamation Act. MWC would quarry construction aggregate and riprap at the Wirth Quarry. The Wirth Quarry is located at Township 14 North, Range 4 West, Section 2, 1 mile south of Wolf Creek in Lewis and Clark County.

Recent Actions & Approvals

Operating Permit
Company & Project Name Date Published

Stillwater Mining Company
East Boulder Mine
Operating Permit #00149
Amendment 004
Record of Decision
Final Environmental Assessment
Draft Environmental Assessment





September 3, 2024
August 9, 2024
June 23, 2023

Pipestone Quarry
Pipestone Quarry, LLC
Operating Permit #00148
Final Environmental Assessment
Decision Notice




April 29, 2024
April 29, 2024
For current and historic records related to hard rock mining please go to the DEQ Public Records Request Portal