Chapter 02-02.2. In Situ Leach Mineral Mining Rules

1. If an excursion is not controlled within thirty days following its confirmation, a sample must be collected from each of the affected monitoring wells and analyzed for the following: ammonia, antimony, arsenic, barium, beryllium, bicarbonate, boron, cadmium, calcium, carbonate…

In determining the adequacy of the remedial action plan required in section 43-02-02.2-51 proposed by the operator and in determining the additional steps needed to prevent an excursion into unauthorized zones or underground sources of drinking water, the department shall conside…

The operator's reporting requirements are as follows: 1. A qualitative analysis and ranges in concentrations of all constituents of injected fluids at least once within the first year of authorization and thereafter whenever the mining solution is modified to the extent that the …

For all wells constructed for a mining operation, the person constructing the well shall prepare and submit well construction records as required by subsection 12 of section 33.1-18-01-06. The well construction records shall be submitted to the department and to the department of…

For any well plugged and abandoned as part of a mining operation, the person performing plugging and abandonment work shall prepare and submit well plugging records as required by subsection 19 of section 33.1-18-01-06. The plugging records shall be submitted to the department an…

The operator shall retain records of all monitoring information at the mine site, including the following: 1. Laboratory analyses, including a description of or reference for the procedures and methods used for sample collection, preservation, and quality control and the name, ad…

When the mining of a production area is completed, the operator shall notify the department and immediately proceed to reestablish ground water quality in the affected production area to levels consistent with the values in the permit's restoration table. History: Effective Janua…

After notifying the department that mining in a production area is complete and that ground water restoration has begun, the operator shall sample and complete an analysis of the baseline wells in the mine production area or as directed by the department. The samples and analysis…

Beginning six months after initiating restoration of a production area, the operator shall provide semiannual progress reports to the department until restoration is accomplished. History: Effective January 1, 2009. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

The operator shall notify the department if the results of six consecutive sample sets taken once every two months show that ground water quality in the production zone meets the restoration values on the restoration table and that the restoration values indicate stable trends. A…

1. If the restoration values established in the restoration table of the mine permit are not met after application of best available technology, the operator may submit an amendment to establish alternative restoration values. A one thousand dollar amendment application fee must …

After completing restoration of all permit area aquifers, the operator shall plug wells that will not be used for postclosure monitoring, and reclaim the facilities in accordance with plans in the permit and reclamation plan. When well plugging and surface reclamation are complet…

Prior to the start of the postclosure period, the operator shall submit to the department the estimated costs for postclosure care and maintenance as computed in accordance with established engineering principles. This information will be used to determine the amount of the postc…

1. Unless otherwise approved by the department, the reclamation of surface facilities shall include the removal of all buildings, roads, and structures, and the surface restored to its original contour. Tailings impoundments and ponds must be reclaimed and filled in. All grading,…

At mine closure, the operator shall comply with all United States nuclear regulatory commission radiation standards in preparing a radiation sampling and survey plan for mines that produced radioactive elements. A copy of that plan must be filed with the department. History: Effe…

The operator of a radioactive element mine shall comply with all United States nuclear regulatory commission radiation standards. Closed surface facilities must be considered suitable for release for unrestricted use if those standards are met. Copies of all radiological analysis…

During the postclosure period, the operator shall conduct site maintenance and other activities in accordance with the approved postclosure plan, including the following, as applicable: 1. Conduct quarterly inspections of the entire mine site to monitor the following: a. Conditio…

During the postclosure period, the operator shall continue surface and ground water quality monitoring in accordance with the approved postclosure plan or water quality monitoring plan. The results of all water quality monitoring and laboratory analyses must be included in the an…

1. Ground water contamination detected during the postclosure period must be confirmed by additional sampling conducted by the operator as required by the department and must be evaluated to determine whether remedial action is required. The remedial action required by the operat…

The commission will give notice of public hearing to determine if the postclosure period shall end. The postclosure period ends when the restored aquifer's water quality consistently meets the restoration values on the permit restoration table and care and maintenance for the per…

The department will provide on its website quarterly updates on the operational status, compliance status, technical revisions submitted or approved, and other pertinent information regarding an active in situ leach mine permit. History: Effective January 1, 2009. General Authori…

All reclamation required by the approved reclamation plan must be completed prior to final bond release. History: Effective January 1, 2009. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

The director has the authority to require additional reports, data, or information relative to mining. History: Effective January 1, 2009. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

In any proceeding instituted upon application, the application must be signed by the applicant or by the applicant's attorney. An application shall state the name and general nature of the order sought. History: Effective January 1, 2009. General Authority: NDCC 28-32-23, 38-12-0…

In any hearing the commission may allow witnesses and interested parties to participate by telephone. The procedure to do so is as follows: 1. An applicant's participation by telephone will be considered if a written request is made at least ten business days before the hearing. …

proceedings. 1. Except as more specifically provided in North Dakota Century Code section 38-08-11, the rules of procedure established in North Dakota Century Code section 28-32-21, apply to proceedings involving a complaint and a named respondent. 2. For proceedings that do not …

The commission may hold investigatory hearings. Notice of the hearing must be served upon all parties personally or by certified mail at least five days before the hearing. History: Effective January 1, 2009. General Authority: NDCC 38-12-02 Law Implemented: NDCC 28-32-23 43…

The evidence in each case heard by the commission, unless specifically excluded by the hearing examiner, includes all uranium and mineral production records on file with the commission. History: Effective January 1, 2009. General Authority: NDCC 38-12-02 Law Implemented: NDCC 28-…

The commission may give notice of an order by mailing the order to all parties by regular mail. History: Effective January 1, 2009. General Authority: NDCC 38-12-02 Law Implemented: NDCC 28-32-39

All pleadings, notices, motions, requests, petitions, briefs, and correspondence between the commission or commission employee and a party relating to a pending proceeding must be filed with the director and entered into the commission's official record of the proceeding. Unless …

The commission may designate examiners and may refer any matter or proceeding to its examiners. History: Effective January 1, 2009. General Authority: NDCC 38-08-04.1 Law Implemented: NDCC 38-08-04.1

The commission may by motion limit the powers and duties of any examiner in any particular case to such issues or to the performance of such acts as the commission deems expedient; however, subject only to such limitation, the examiner to whom any matter is referred has full auth…

Upon the conclusion of any hearing before an examiner, the examiner shall promptly consider the proceedings in such hearing, and based upon the hearing record the examiner shall prepare a recommendation for the commission's disposition of the matter. Such recommendations shall be…

After receipt and review of the hearing examiner's recommended findings of fact, conclusions of law, and proposed order, the commission shall enter its final order. History: Effective January 1, 2009. General Authority: NDCC 38-08-04.1 Law Implemented: NDCC 28-32-39

In a matter pending before the commission, all prehearing motions must be served by the moving party upon all parties. Service must be upon a party unless a party is represented by an attorney, in which case service must be upon the attorney. Service must be made by delivering a …