North Dakota Administrative Code

1. Each application must contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained. Appropriate maps, descriptions, profiles, and cross sections must be included to show: a. Locations. b. Specifications for each road width, gradi…

Each application must describe, with appropriate maps and cross sections, measures to ensure the interests of landowners and the public are protected if the applicant plans to: 1. Conduct surface mining activities within one hundred feet [30.48 meters] of the right-of-way line of…

For public parks or places listed on the national register of historic places that may be adversely affected by the proposed operations, each plan must describe the measures to be used: 1. To prevent adverse impacts; or 2. If valid existing rights exist or joint agency approval i…

impoundments, banks, dams, embankments, and diversions. 1. Each application must include a surface water management plan describing each water management structure intended to meet the requirements of chapter 69-05.2-16. Each plan must: a. Identify and show on a map of appropriat…

mining. The application must contain a description of measures needed to comply with section 69-05.2-13-06 if mining activities will occur within five hundred feet [152.04 meters] of an underground mine. History: Effective August 1, 1980; amended effective May 1, 1990; January 1,…

Each application must contain a reclamation plan for affected lands, showing how the applicant will comply with chapters 69-05.2-13 through 69-05.2-26. The plan must, at a minimum, include: 1. A discussion of how the scheduling of each reclamation phase meets the requirements for…

water monitoring for protection of the hydrologic balance. 1. The description required by subdivision i of subsection 2 of North Dakota Century Code section 38-14.1-14 must cover the proposed permit, and adjacent areas and include: a. Appropriate maps and technical drawings. b. A…

1. Each reclamation plan must contain a postmining land use map and detailed description of the postmining land use explaining: a. How the postmining land use will be achieved and the support activities needed. b. The detailed management plan for native grassland or tame pasturel…

excess spoil. 1. Each application must contain descriptions, maps, and cross-section drawings of the disposal site and spoil disposal area design according to chapter 69-05.2-18. These plans must describe the geotechnical investigation, design, construction, operation, maintenanc…

If appropriate, the applicant shall submit a mining and restoration plan for prime farmland containing: 1. The cooperative soil survey that identified the prime farmland, soil mapping units, and representative soil profile descriptions. The plan must include soil horizon depths, …

Each application must contain operation and reclamation plans for lands in the permit or adjacent area identified as an alluvial valley floor. The plan must describe the mining and reclamation procedures that will protect or restore the alluvial valley floor characteristics or es…

resources protection and enhancement plan. 1. Each application must include a plan of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, incl…

If applicable, the applicant shall submit a plan explaining how the applicant intends to comply with section 69-05.2-13-12 and subsection 1.1 of North Dakota Century Code section 38-14.1-24. This plan must contain: 1. A description of the augering methods. 2. A map showing where …

plants not located within the permit area of a mine. 1. This section applies to any person who operates or intends to operate a coal preparation plant in connection with a coal mine but outside the permit area for a specific mine. A permit to operate must be obtained from the com…

applicant violator system. 1. The advertisement required by North Dakota Century Code section 38-14.1-18 must also include: a. The applicant's name and business address. b. A map or description which must: (1) Clearly show or describe towns, rivers, streams, or other bodies of wa…

1. A request for an informal conference under subsection 5 of North Dakota Century Code section 38-14.1-18 must be in writing and: a. Briefly summarize the issues the requester will raise. b. State whether the requester desires to have the conference in the locality of the operat…

1. The commission will not issue the permit if any surface coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant is currently in violation of any law or rule of this state, the Surface Mining Control …

structures. 1. No application which proposes to use an existing structure will be approved, unless the applicant demonstrates and the commission finds in writing that: a. If the applicant proposes to use an existing structure under the exemption provided in subsection 4 of sectio…

The commission will approve, require modification of, or deny all applications for permits according to the following: 1. The commission will not approve or disapprove a permit application prior to the expiration of the thirty-day period for requesting an informal conference or t…

mineral estates. The commission may approve and issue permits, revisions, and renewals for operations on lands where the surface estate is nonfederal and the mineral estate is federal, if: 1. The proposed surface disturbances support operations on adjacent nonfederal lands. 2. Th…

findings. 1. A person may challenge a listing or finding of ownership or control using the procedures detailed below if that person is: a. Listed in a permit application or in AVS as an owner or controller of an entire surface coal mining operation, or any portion or aspect there…

information after permit issuance. 1. For the purposes of future permit eligibility determinations and enforcement actions, the commission will enter the following data into AVS: a. Permit records will be entered within thirty days after issuing a permit or subsequent changes. b.…

permit issuance. 1. Within thirty days of being issued a cessation order under subdivision b of subsection 1 of North Dakota Century Code section 38-14.1-28, the permittee must provide or update all the information required under section 69-05.2-06-01. 2. A permittee does not hav…

1. The commission will review each permit at midterm or every five years, whichever is more frequent. 2. After permit review, the commission may require reasonable revision or modification to ensure compliance with North Dakota Century Code chapter 38-14.1 and this article. 3. Co…

1. A permit revision is required: a. For changes from mining or reclamation methods approved in the permit. b. For new operations not specified and approved in the existing permit. c. When a new coal removal subarea of the existing permit area is proposed to be disturbed in accor…

1. Successive renewal is available only for lands within permit boundaries and for incidental boundary changes approved under section 69-05.2-11-02. 2. Obligations established under a surface coal mining and reclamation operations permit continue until completion of all operation…

The commission will send copies of its decision to approve or deny a renewal to the applicant, any persons who filed objections or comments, and any persons who were parties to any informal conference held on the renewal. History: Effective August 1, 1980; amended effective May 1…

Repealed effective May 1, 1990. 3

1. Any person seeking to succeed by transfer, sale, or assignment to the rights granted by a permit shall, prior to transfer, sale, or assignment: a. Obtain the performance bond coverage of the original permittee by: (1) Obtaining transfer of the original bond; (2) Obtaining a wr…

Any successor in interest seeking to change the mining or reclamation operations, or any of the terms or conditions of the original permit shall, within thirty days after succession is approved: 1. Apply for a new permit under chapters 69-05.2-05 through 69-05.2-09, if the change…

1. Permit applicants shall submit an estimate of bond for the entire permit area or that area specified in subsection 5. 2. The commission will review the estimated bond amount, approve or modify the required amount and notify the applicant. 3. Liability on the bond must cover al…

The form for the performance bond shall be either: 1. A surety bond; 2. A collateral bond; 3. A self-bond; or 4. A combination of the above. History: Effective August 1, 1980; amended effective June 1, 1983; May 1, 1988. General Authority: NDCC 38-14.1-03 Law Implemented: NDCC 38…

Surety bonds shall be subject to the conditions of subsections 6 and 7 of North Dakota Century Code section 38-14.1-16 and the following conditions: 1. The notice required by subsection 6 of North Dakota Century Code section 38-14.1-16 shall be by certified mail to the permittee …

The guarantor of a collateral bond may be the permit applicant or a qualified third party. 1. Collateral bonds are subject to the following conditions: a. All collateral must be kept in the commission's custody until authorized for release or replacement. b. Collateral must be va…

Repealed effective June 1, 1983.

1. The commission may accept a self-bond if the following conditions are met: a. The applicant designates an agent for service of process in the state. b. The applicant has been in continuous operation as a business entity the five years preceding the application. The commission …

1. The commission may allow permittees to replace one form of bond with another, if the liability is transferred to the replacement bonds. 2. Bonds must remain in effect until the commission has approved replacement bonds. 3. Bond replacement is not a release of bond. History: Ef…

1. The amount of bond required is the estimated cost for the commission to perform the reclamation, restoration, and abatement work required. 2. The amount of bond required for each bonded area will: a. Be determined by the commission; b. Depend upon the requirements of the appro…

1. The commission will review each bond consistent with section 69-05.2-11-01 or more frequently and notify the permittee of any proposed bond adjustment. 2. The commission will reevaluate bonds with the standards in section 69-05.2-12-07. 3. If the commission determines a bond a…

1. The bond liability period is the time necessary to meet the requirements of North Dakota Century Code chapter 38-14.1, this article, and the permit and shall continue a minimum of ten years as specified in subsection 2 of section 69-05.2-22-07. The period of extended responsib…

Repealed effective May 1, 1988.

1. The commission will not release any bond liability if the release would reduce the total remaining liability to less than that necessary for the commission to complete the required reclamation. 2. Release of bond for any combination of release stages identified in subsection 7…

1. The permittee may request the commission release all or part of a bond for lands disturbed after July 1, 1975, as follows: a. For lands disturbed between July 1, 1975, and June 30, 1979, the application must comply with subsection 1 of North Dakota Century Code section 38-14.1…

Any formal hearing on the release of bond under subsection 2 of North Dakota Century Code section 38-14.1-17 shall be held in the city nearest the permit area, or the state capitol, at the option of the objector. Any person having a valid legal interest in a proposed release from…

1. The surface owner, agent, or lessee will be notified by the commission of the bond release inspection and may participate in the inspection. If requested by a person with an interest in the bond release, the commission may arrange with the permittee access to the permit area f…

public hearing. 1. The permittee or any person having a valid legal interest in the decision to release all or part of the performance bond shall have the right to file written objections to the release and to request a formal hearing under subsection 3 of North Dakota Century Co…

If forfeiture of the bond is required by section 69-05.2-12-18, the commission will: 1. Send notice by certified mail to the permittee and any surety of the commission's final decision to require forfeiture of the bond, the reasons for forfeiture, and the amount to be forfeited. …