North Dakota Administrative Code

rights determinations. 1. Except for certain federal lands, the commission is responsible for making valid existing rights determinations based on the definition of valid existing rights in section 69-05.2-01-02. The office of surface mining reclamation and enforcement must make …

determinations. 1. The commission will conduct an initial review to determine whether the request includes all applicable components of the submission requirements of section 69-05.2-04-01.5. This review pertains only to the completeness of the request, not the legal or technical…

application review. 1. Upon receipt of an administratively complete permit application or revision application that proposes to add acreage to the permit, the commission will review the application to determine whether the proposed surface coal mining operation would be located o…

Designation of any area as unsuitable for all or certain types of surface coal mining operations under North Dakota Century Code section 38-14.1-05 and this chapter does not prohibit coal exploration operations if conducted according to North Dakota Century Code chapter 38-12.1 a…

1. Right to petition. Any person having an interest which is or may be adversely affected may petition the commission to designate an area unsuitable for surface coal mining operations, or terminate an existing designation. Petitions must be in writing, and signed and acknowledge…

requirements for designating lands unsuitable. 1. Within thirty days of receipt of a petition, the commission will notify the petitioner by certified mail whether the petition is complete under section 69-05.2-04-03. 11 2. The commission will determine whether any identified coal…

unsuitable. 1. Within ten months after receipt of a complete petition, the commission will hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held prior to the commission's decision. If a he…

unsuitable. 1. In reaching its decision, the commission will use: a. The information contained in the data base and inventory system. b. Information provided by other governmental agencies. c. The detailed statement prepared under subsection 3 of North Dakota Century Code section…

lands unsuitable. 1. The commission will develop a data base and inventory system to evaluate if reclamation is feasible in areas covered by petitions. 2. The commission will include in the system information relevant to the criteria in North Dakota Century Code section 38-14.1-0…

unsuitable. The commission will: 1. Make the information and data base system developed under section 69-05.2-04-07 available to the public for inspection free of charge and for copying at reasonable cost. 2. Provide information to the public on the petition procedures necessary …

for designating lands unsuitable. The commission will: 1. Not issue permits which are inconsistent with designations made under North Dakota Century Code chapter 38-14.1 and this article. 2. Maintain a map of areas designated as unsuitable for all or certain types of mining opera…

1. General. a. Each operator or permittee who conducts or expects to conduct surface coal mining and reclamation operations shall file a complete permit application. For purposes of North Dakota Century Code section 38-14.1-18, the time of filing means the date on which the commi…

1. Applications for mining permits must be filed in the format required by the commission. The applicant shall provide information that is complete, current, presented clearly and concisely, and supported by appropriate references to technical and other written material available…

Repealed effective September 1, 1984.

Permit and revision applications must be verified by the applicant or an authorized representative of the applicant. History: Effective August 1, 1980; amended effective May 1, 1990. General Authority: NDCC 38-14.1-03 Law Implemented: NDCC 38-14.1-13, 38-14.1-14

Repealed effective May 1, 1990.

The commission will, to avoid duplication, coordinate permit review and issuance with: 1. Any other applicable state permit process including permits required by the: a. Air Pollution Control Act (North Dakota Century Code chapter 23-25). b. Solid Waste Management and Land Protec…

gravel borrow pits. In determining whether porcelanite (scoria), sand, and gravel borrow pits may be excluded from the permit area where the pits are located near mining activities, the commission may consider the following factors, including: 1. Proximity of the pits to the mini…

1. A permit will be issued for a fixed term not to exceed five years except as provided in subsection 3. The permit area shall be no larger than a logical pit sequence and include lands used for activities incidental to coal extraction. Coal removal boundaries cannot go beyond th…

The commission may allow certain information and plans required by this article and North Dakota Century Code chapter 38-14.1 to be consolidated by the permittee into a single document for each surface coal mining and reclamation operation subject to the following requirements: 1…

1. In addition to satisfying the applicable requirements of subsection 1 of North Dakota Century Code section 38-14.1-14, each application must contain: a. The names and addresses of the owner of record of surface and coal subsurface rights contiguous to the permit area extending…

In addition to satisfying the applicable requirements of subsection 1 of North Dakota Century Code section 38-14.1-14, each application must contain: 2 1. A statement of any current or previous coal mining permits in any state held during the five years prior to application and b…

1. In addition to satisfying subdivision k of subsection 1 of North Dakota Century Code section 38-14.1-14, the application must also contain a narrative and supporting certified copies of the appropriate documents which demonstrate that the applicant has complied with North Dako…

Each application must contain a list of all other licenses and permits needed to conduct mining activities and identify each license and permit by: 1. Type. 2. Name and address of issuing authority. 3. Identification numbers of permit or license applications or, if issued, the pe…

1. Each application must contain a statement of available information on whether the permit area is within an area designated unsuitable for mining under North Dakota Century Code section 38-14.1-05 and chapter 69-05.2-04 or under study for designation in an administrative procee…

Each application must contain an extended mining plan identifying the lands subject to surface coal mining over the estimated life of the operation. Extended mining plans must be complete, accurate, and updated annually. History: Effective August 1, 1980; amended effective June 1…

The permittee shall annually advise the commission by January twenty-fifth of the status of the extended mining plan and submit two copies of any plan amendments or additional data. History: Effective August 1, 1980; amended effective June 1, 1983; May 1,1990. General Authority: …

The applicant shall provide a 1:24,000 scale topographic map which shows: 1. The scale, date, location, company name, legal subdivision boundaries, an appropriate contour interval, and legend. 2. The extended mining plan boundaries and a legal description, to the nearest quarter …

description of hydrology. Repealed effective June 1, 1983.

Repealed effective June 1, 1983.

Repealed effective June 1, 1983.

Repealed effective June 1, 1983.

Repealed effective June 1, 1983. 2

1. Each application must include a description of the premining environmental resources of the permit and adjacent areas that may be affected by mining. 2. When the permit area contains a logical pit sequence where the coal removal area is larger than that needed for the initial …

1. The application must include a 1:4,800 planimetric mine map, together with as many separate detail maps as necessary, to show: a. Land boundaries and names of present surface and subsurface owners of record in the permit area and contiguous lands extending one-fourth mile [402…

resources. Repealed effective June 1, 1986.

1. The description must include a general statement of the geology within the permit area down through the deeper of either the stratum immediately below the deepest coal seam to be mined or any lower aquifer which may be adversely affected by mining. 2. Test borings or core samp…

1. The applicant shall analyze the ground water hydrology and ground water resources of the potentially affected area. The application must contain a description of the ground water hydrology for the permit and adjacent areas including: a. A general account of the ground water hy…

1. The applicant shall provide a map for the permit and adjacent areas showing: a. Names and locations of watersheds receiving mine water discharges. b. Ephemeral, intermittent, and perennial streams. c. Lakes, ponds, wetlands, springs, drains, and water discharges into surface w…

1. The application must contain the following premining vegetation information: a. A map or aerial photograph at a scale of 1:4,800 that delineates the existing mapping units within each premining land use. The mapping units for different land use categories are: (1) For cropland…

investigation. 1. All applications must include the results of a reconnaissance investigation of the proposed permit area to indicate whether prime farmland exists. The commission in consultation with the natural resource conservation service will determine the nature and extent …

The applicant shall submit a soil survey for the permit area consisting of a map and report prepared by a soil classifier as defined in subsection 28 of North Dakota Century Code section 38-14.1-02. 1. The map must be at a 1:4,800 scale and show: a. The location and the vertical …

Where the applicant proposes to use other suitable strata as a supplement for suitable plant growth materials or where the commission determines that it is necessary to meet the revegetation requirements, the application must indicate the areal extent of other suitable strata wit…

Repealed effective January 1, 1993.

1. Before applying for a permit to conduct operations within a valley holding a stream or in a location where the adjacent area includes any stream, the applicant shall either affirmatively demonstrate, based on available data, the presence of an alluvial valley floor, or submit …

1. If land within the permit or adjacent area is identified as an alluvial valley floor and mining may affect it or waters that supply alluvial valley floors, the applicant shall submit a complete description of the alluvial valley floor resources and characteristics that allow t…

Each application must include fish and wildlife resource information for the permit and adjacent area. 1. The applicant shall submit for commission approval a study plan for acquiring fish and wildlife information which must include the scope of work, level of detail, and timetab…

Each application must contain a detailed description of the proposed mining operations, including: 1. A narrative of mining procedures and engineering techniques, anticipated annual and total coal production, and major equipment. 2. A plan stating the anticipated or actual starti…

Each application must contain an appropriate combination of 1:4,800 scale topographic maps, planimetric maps, and plans of the proposed permit and adjacent areas showing: 1. Scale, date, permit boundaries, company name, legal subdivision boundaries, and legend. 2. Lands to be aff…

1. Each application must contain a description of each existing structure in the proposed permit or adjacent permit areas used to support the surface coal mining and reclamation operation. The description must include: a. Location. b. Current condition. c. Approximate beginning a…