North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-16 - Performance Standards - Hydrologic Balance - General Requirements › Section 69-05.2-16-04 - Performance standards - Hydrologic balance - Water quality standards and effluent limitations

Current through Supplement No. 393, July, 2024
1. The
				operator must comply with the following requirements:
a. All surface drainage from the disturbed
				area, including disturbed areas that have been graded, seeded, or planted, must
				be passed through a sedimentation pond, a series of sedimentation ponds, or
				other sediment control measures before leaving the permit area.
b. Sedimentation ponds and other sediment
				control measures must be maintained until removal is authorized by the
				commission and the disturbed area has been stabilized and revegetated. The
				ponds or other sediment control measures may not be removed sooner than two
				years after the last augmented seeding unless the last augmented seeding is a
				supplemental seeding into an established vegetation stand that is effectively
				controlling erosion.
c. The
				commission may allow the use of other sediment control measures for primary
				sediment control if:
(1) The disturbed
				drainage area within the total disturbed area is small, the disturbed areas
				have been regraded, respread with topsoil, and stabilized against erosion, or
				the state department of health has approved the use of best management
				practices as the effluent limitation; and
(2) The permittee or operator demonstrates
				that sedimentation ponds are not necessary for drainage from the disturbed
				drainage areas to meet the effluent limitations referenced in subdivision g and
				the applicable state water quality standards for downstream receiving waters.
d. For the purposes of
				this chapter only, "disturbed area" shall not include areas in which only
				diversion ditches, sedimentation ponds, or roads are installed in accordance
				with this article and the upstream area is not otherwise disturbed by the
				operator.
e. Sedimentation ponds
				and other sediment control measures must be constructed and installed according
				to the plans in the approved permit before beginning surface mining activities
				in the drainage area to be affected.
f. Mixed drainage from disturbed and
				undisturbed land must meet effluent limitations before it leaves the permit
				area.
g. Discharges of water from
				areas disturbed by surface mining activities must comply with all applicable
				state laws and rules and with the state department of health effluent
				limitations authorized by North Dakota Century Code chapter 61-28.
h. For the purposes of this chapter, "other
				sediment control measures" means the use of the best technology currently
				available to meet applicable effluent limitations and, to the extent possible,
				minimize erosion and prevent additional contributions of sediment to streamflow
				or to runoff outside the permit area. These include sumps, check dams, berms,
				silt fences, bale dikes, sediment filters, riprap, mulches, and other measures
				to reduce runoff, trap sediment, or treat runoff water.