North Dakota Administrative Code

Surface mining activities targeting uranium ore from noncoal source rock are regulated under this chapter. Surface mining activities targeting uranium ore from uraniferous lignite deposits are not subject to this section and shall be conducted in accordance with North Dakota Cent…

The handling, storage, transportation, and disposal of radioactive material shall be in accordance with United States nuclear regulatory commission requirements and those of the state department of health as set forth in North Dakota Century Code chapters 23-20.1, 23-20.2, and 23…

Before any person receives a permit to explore for or produce subsurface minerals, the person shall submit to the commission and obtain its approval of a surety bond or cash bond. An alternate form of security may be approved by the commission after notice and hearing, as provide…

The principal on the bond covering a surface mining facility is the operator of the mine. The operator is responsible for compliance with all laws relating to the mine site. A dispute over designation of the operator of a mine site may be addressed by the commission. In doing so,…

A permit is required prior to commencement of mining. History: Effective July 1, 2013. General Authority: NDCC 38-12-03 Law Implemented: NDCC 38-12-03

Any person who conducts or expects to conduct mining operations shall file with the department a complete permit application and all required materials. The applicant shall file with the department proof that it submitted a copy of the application to the county recorder in the co…

The permit application must contain a summary document that describes the main elements of the operation and identifies the major environmental issues involved. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02 5…

Permit applications for small, noncoal, surface and subsurface mining operations shall address the following: 1. Identification of interests to include: a. The name and address of the operator responsible for the mining operations and reclamation of the site. b. The name and addr…

In addition to information requirements set forth in subsections 1 through 3 of section 43-02-02.3-10, permit applications for large, noncoal, surface and subsurface mining operations and extraction facilities shall address the following: 1. Identification of interests. In additi…

The department will determine whether the application is complete. The department will notify the applicant in writing, within thirty days after the application is submitted, whether the application is complete or specify deficiencies that must be corrected in order to complete t…

1. The department will have one hundred eighty days after the filing date to approve or disapprove the application. 2. The department may extend the review period not to exceed an additional one hundred eight days if: a. Additional time is needed to correct application deficienci…

1. A fee of one hundred dollars must accompany the application for a small mining facility permit. 2. A fee of five hundred dollars plus ten dollars per acre must accompany the application for a large mining facility permit. History: Effective July 1, 2013. General Authority: NDC…

Additional information submitted to the department by the applicant to supplement, correct, amend, or clarify an application following the filing date must also be submitted with the county recorder in the county or counties in which the proposed permit area is located. The addit…

Within the first ten days of the review period of a permit application, the department shall send copies of the application to the department of agriculture, the state department of health, and the state water commission. History: Effective July 1, 2013. General Authority: NDCC 3…

Except in the case of an emergency, the commission will give thirty days' notice to the general public of the time and place of the hearing on the application by one publication in a newspaper of general circulation in the state capital and in a newspaper of general circulation i…

Within ninety days of the hearing, or a reasonable time thereafter, the department will notify the applicant of the commission's decision as to whether the permit is approved or denied. History: Effective July 1, 2013. General Authority: NDCC 38-12-03 12 Law Implemented: NDCC 38-…

1. The permit will remain in effect as long as active mining continues at a mine site and the operator remains in full compliance with all permit conditions. 2. A permit shall be reviewed and may be required to be modified or revised for any of the following: a. Additional applic…

An application for a permit modification or revision shall be in a format acceptable to the director and shall be accompanied by sufficient information for the director to determine whether any of the factors listed in this section are present. A permit modification or revision w…

1. After notice and hearing, the commission may revoke a mining permit or limit its duration. The commission may act upon its own motion or upon the application of an owner in the permit area. In deciding whether to revoke or limit a permit, the factors that the commission may co…

The operator shall conform to the following practices: 1. The mining and reclamation operation shall be designed and operated using the most appropriate technology and best management practices. 2. Public safety and welfare. The operator shall minimize hazards to the public safet…

The land surface of the permit area will be restored as nearly as possible to its original condition unless conflicting with the approved postmining land use. Each reclamation plan must be developed to meet the site-specific characteristics of the mining operation and the site. 1…

The operator of a mine shall, on or before the tenth day of the second month succeeding the month in which production occurs, file with the director the amount of production made by the mine upon form 5-sm or approved computer sheets no larger than eight and one-half by eleven in…

Every operator shall, on or before April thirtieth of each year after a permit has been issued, submit, on a form provided by the director, a report for the preceding calendar year. The report must: 1. Provide the status of the operation; 2. Provide production figures for the ope…

This chapter shall not be taken or construed to limit or restrict the authority of the commission to require the furnishing of such additional reports, data, or other information relative to production or products as may appear to be necessary or desirable, either generally or sp…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 38-12, except: 1. "Adjacent area" means land located outside the permit area where air, surface or ground water, fish, wildlife, vegetation, or other resources may be adversely im…

This chapter contains general rules of statewide application which have been adopted by the industrial commission to conserve the natural resources of North Dakota, to prevent waste, and to provide for operation in a manner as to protect correlative rights of all owners of subsur…

Before any person receives a permit to produce subsurface minerals via solution mining or commences extraction facility operations, the person shall submit to the commission, and obtain its approval, of a surety bond or cash bond. An alternate form of security may be approved by …

The principal on the bond covering a solution mining facility is the operator of the mine. The operator is responsible for compliance with all laws relating to the mine site. A dispute over designation of the operator of a well or mine site may be addressed by the commission. In …

A permit is required prior to the commencement of drilling or mining. History: Effective July 1, 2013. General Authority: NDCC 38-12-03 Law Implemented: NDCC 38-12-03

Any person who conducts or expects to conduct solution mining operations shall file with the department a complete mining facility permit application, well permit application under chapter 43-02-02, an underground injection permit under chapter 43-02-2.1, and all required materia…

The permit application must contain a summary document that describes the main elements of the operation and identifies the major environmental issues involved. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

Permit applications for solution mining operations shall address the following: 1. Identification of interests to include: a. The name and address of the operator responsible for the mining operations and reclamation of the site. 5 b. A listing of all parties, including addresses…

The department will determine whether the application is complete. The department will notify the applicant in writing, within thirty days after the application is submitted, whether the application is complete or whether there are specific deficiencies that must be corrected in …

1. The department will have one hundred eighty days after the filing date to approve or disapprove the application. 2. The department may extend the review period not to exceed an additional one hundred eight days if: a. Additional time is needed to correct application deficienci…

A fee of five hundred dollars must accompany the permit application. History: Effective July 1, 2013. 10 General Authority: NDCC 38-12-03 Law Implemented: NDCC 38-12-03

Additional information submitted to the department by the applicant to supplement, correct, amend, or clarify an application following the filing date must also be submitted with the county recorder in the county or counties in which the proposed permit area is located. The addit…

Within the first ten days of the review period of a permit application, the department shall send copies of the application to the department of agriculture, the state department of health, and to the state water commission. History: Effective July 1, 2013. General Authority: NDC…

Except in the case of an emergency, the commission will give thirty days' notice to the general public of the time and place of the hearing on the application. Immediately upon receiving notice of the hearing date, the permit applicant shall give notice by certified mail to surfa…

Within ninety days of the hearing, or a reasonable time thereafter, the department will notify the applicant of the commission's decision as to whether the permit is approved or denied. History: Effective July 1, 2013. General Authority: NDCC 38-12-03 Law Implemented: NDCC 38-12-…

1. The permit will remain in effect as long as active mining continues at a mine site and the operator remains in full compliance with all permit conditions. 2. A permit shall be reviewed and may be required to be modified or revised due to: a. Additional applicable requirements …

An application for a permit modification or revision shall be in a format acceptable to the director and shall be accompanied by sufficient information for the director to determine whether any of the factors listed in the section are present. A permit modification or revision wi…

1. After notice and hearing, the commission may revoke a mining permit or limit its duration. The commission may act upon its own motion or upon the application of an owner in the permit area. In deciding whether to revoke or limit a permit, the factors that the commission may co…

1. All surface facilities and flow lines installed shall be constructed so that the materials contained in the facilities do not cause waste. Operation of surface facilities and flow lines shall not begin until the operator has complied with the methods and means to prevent pollu…

Prior to the construction of any injection well to be utilized for the extraction of minerals or energy, an operator shall obtain an underground injection control permit pursuant to chapter 43-02-02.1. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemen…

At least thirty days before a regularly scheduled test, an operator shall notify the director of the date and approximate time of the test. The notification shall include a copy of the proposed test procedure, including procedures for wireline logging. Mechanical integrity testin…

1. Prior to commencing operations, the operator of a new injection well must demonstrate the mechanical integrity of the well. Injection wells must demonstrate continual mechanical integrity and be tested at least once every five years. An injection well has mechanical integrity …

The operator shall calibrate all pressure gauges used in mechanical integrity demonstrations according to the manufacturer's recommendations. A copy of the calibration certificate shall be submitted to the director at the time of demonstration and every time the gauge is calibrat…

The operator shall file a signed copy of the report of a mechanical integrity test with the director within sixty days after testing. A copy of the pressure record shall accompany the report. The report shall include evaluation of the test results by a person qualified to provide…

The director may require a demonstration of mechanical integrity following a change of well status or if there is reason to believe a well does not have mechanical integrity. History: Effective July 1, 2013. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

The operator of a solution well shall submit a plan to monitor cavity size and shape for approval by the director. The plan shall include frequency of monitoring and shall include a description of the method used to determine the size and shape of the cavity. History: Effective J…