reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-05 - Bond

Current through Supplement No. 393, July, 2024
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 provided by law. The
				  operator of a well or facility shall be the principal on the bond covering the
				  well or facility. Each such surety bond shall be executed by a responsible
				  surety company authorized to transact business in North Dakota.
1. Bond amounts for surface mining
				facilities. For surface mining facilities, the amount of the bond will be five
				thousand dollars per acre [.40 hectare]. The applicant may file either the
				entire bond for the permit term or an incremental bond schedule and bond
				required for the first scheduled increment. Increments must be of sufficient
				size and configuration to provide for efficient reclamation operations.
When the operator elects to increment the amount of the bond,
				  the operator shall:
a. Furnish a legal
				description of each incremental area.
b. Furnish a schedule when each increment
				will require bond.
c. Furnish the
				estimated costs for the commission to complete the reclamation plan for the
				initial increment.
d. Provide the
				estimated cost to complete the reclamation plan for the next increment at least
				ninety days prior to the expected starting date of mining.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-06 - Designation and responsibilities of operator

Current through Supplement No. 393, July, 2024
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, the factors the
				  commission may consider include those set forth in subsection 1 of section
				  43-02-02.3-21.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-07 - Permit required

Current through Supplement No. 393, July, 2024
A permit is required prior to commencement of
				  mining.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-08 - Submission of permit application

Current through Supplement No. 393, July, 2024
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 county in
				  which the proposed permit area is located.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-09 - Summary document

Current through Supplement No. 393, July, 2024
The permit application must contain a summary document that
				  describes the main elements of the operation and identifies the major
				  environmental issues involved.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-10 - Small mining operation permit requirements

Current through Supplement No. 393, July, 2024
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 address of the surface
				landowners and mineral owners of all land to be affected by the mining
				operation.
c. The mine name and the
				mine safety and health administration identification number.
d. Documents evidencing the operator's right
				to enter the proposed permit area and conduct mining and reclamation, including
				showing that the surface owner will be compensated for loss of agricultural
				production.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-11 - Large mining operation permit requirements

Current through Supplement No. 393, July, 2024
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 addition
				to the information requirements set forth in subsection 1 of section
				43-02-02.3-10, the applicant will
				provide the following information:
a. A
				listing of all parties, including addresses, which have an ownership and
				controlling interest in the operation. Alternatively, the applicant may submit
				the applicant's most recent 10k form required by the United States securities
				and exchange commission.
b. A
				statement of all current or previous mining operations within the United States
				held during the five years prior to application owned, operated, or controlled
				by any person identified in subdivision a and the names and addresses of
				regulatory agencies with jurisdiction over the environmental aspects of those
				operations that could provide a compliance history for the
				operations.
c. The name and address
				of a designated agent for the service of notices and orders from the
				director.
d. A listing of all
				federal and state permits required for the operation.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-12 - Review for completeness

Current through Supplement No. 393, July, 2024
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 the
				  application. If the application is substantially deficient, it will be
				  rejected. The department will notify the applicant when the application is
				  considered complete.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-13 - Review period

Current through Supplement No. 393, July, 2024
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 deficiencies.
b.
				Significant changes are submitted that in the department's judgment require
				additional time to review. The department may require additional public
				notification of the amended application.
c. The department requires additional time to
				conduct an informal conference or a formal hearing or complete the
				decision.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-14 - Permit application fees

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-15 - Information added after filing date

Current through Supplement No. 393, July, 2024
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 additional
				  information must be submitted at least thirty days before the hearing date. The
				  applicant must transmit proof of submission with the county recorder to the
				  department. The department shall give notice to the public of the additional
				  information at least fifteen days before the scheduled hearing
				  date.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-16 - Notice to agencies

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-17 - Notice of hearing

Current through Supplement No. 393, July, 2024
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 in the county where
				  the land affected, or some part, is situated. Immediately upon receiving notice
				  of the hearing date, the permit applicant shall give notice by certified mail
				  to surface and subsurface owners within the permit application area and to the
				  county recorder in the county or counties in which the proposed permit area is
				  located.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-18 - Permit approval or denial

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-19 - Permit term

Current through Supplement No. 393, July, 2024
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 applicable requirements under
				North Dakota Century Code chapters 38-12 and 38-12.1 and North Dakota
				Administrative Code article 43-02; or
b. The director determines that the permit
				contains a material mistake or that inaccurate statements were made in
				establishing the terms or conditions of the permit.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-20 - Permit modifications or revision

Current through Supplement No. 393, July, 2024
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 will not be granted
				  unless the director determines that the proposed modification or revision meets
				  the requirements of this rule.
1. A
				permit modification or revision for a mining operation is required for:
a. Each new discrete processing, leaching,
				excavation, storage, or stockpile unit located within the permit area and not
				identified in the permit;
b. Each
				expansion of such a unit identified in the permit that exceeds the design
				limits specified in the permit; and
c. Any change in the approved reclamation
				plan.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-21 - Revocation and limitation of permits

Current through Supplement No. 393, July, 2024
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 consider include:
a. The technical ability
				of the operator and other owners to conduct mining operations.
b. The experience of the operator and other
				owners in similar mining operations.
c. Contractual obligations, such as an
				expiring lease.
d. The amount of
				ownership the operator and other owners hold in the lease. If the operator is
				the majority owner or if its interest when combined with that of its supporters
				is a majority of the ownership, it is presumed that the operator should retain
				the permit. The presumption, even if not rebutted, does not prohibit the
				commission from limiting the duration of the permit. However, if the amount of
				the interest owned by the owner seeking revocation or limitation and its
				supporters are a majority of the ownership, the commission will presume that
				the permit should be revoked.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-22 - Operational practices

Current through Supplement No. 393, July, 2024
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 safety
				and welfare during operations. Methods to minimize hazards shall include:
a. The proper disposal of trash, scrap metal
				and wood, and extraneous debris;
b.
				The plugging or capping of drill, core, or other exploratory holes pursuant to
				section 43-02-02-24;
c. The posting of appropriate warning signs
				in locations where public access to operations is readily available;
				and
d. The construction of berms,
				fences, or barriers above highwalls or other excavations.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-23 - Performance and reclamation standards and requirements

Current through Supplement No. 393, July, 2024
The land surface of the permit area will be restored as
				  nearly aspossible to its original condition unless conflicting with the
				  approved postminingland use. Each reclamation plan must be developed to meet
				  the site-specificcharacteristics of the mining operation and the site.
1. Most appropriate technology and best
				management practices.The mining operation and the reclamation plan shall be
				designedand operated using the most appropriate technology and the
				bestmanagement practices.
2.
				Contemporaneous reclamation. Contemporaneous reclamation isrequired to the
				maximum extent practicable and in a manner that isconsistent with the approved
				reclamation plan. All reclamation workmust be completed within three years of
				completion of mining.
3. Assure
				protection. The mining operation and completed reclamationshall meet the
				following requirements established to assure protectionof human health and
				safety, the environment, wildlife, and domesticanimals.
a. Signs, markers and safeguarding. Measures
				will be taken tosafeguard the public to prevent falls from highwalls or pit
				edges.Depending on site-specific characteristics, the following measuresshall
				be required:
(1) Posting warning signs in
				locations near hazardous areas;
(2)
				Restricting access to hazardous areas;
(3) Marking the permit area
				boundaries;
(4) Posting a sign at
				the main entrances giving a telephonenumber of a person to call in the event of
				emergenciesrelated to the mine; or
(5) Other measures as needed to protect human
				safety.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-24 - Report of production

Current through Supplement No. 393, July, 2024
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 inches [21.59 by
				  27.94 centimeters]. The report shall be signed by both the person responsible
				  for the report and the person witnessing the signature. The printed name and
				  title of both the person signing the report and the person witnessing the
				  signature shall be included.
Production data submitted to the director shall be kept
				  confidential for a period of one year when so requested by the operator. Such
				  period may be further extended upon approval by the
				  commission.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-25 - Annual report

Current through Supplement No. 393, July, 2024
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 operation;
3.
				Identify, on a separate map, the location of the disturbed areas and, if
				reclaimed, the year in which the work was done;
4. Identify the number of acres disturbed,
				the number of acres reclaimed during the reporting year, and the number of
				acres which have not yet been reclaimed;
5. Indicate the current market value of any
				collateral posted as financial assurance in accordance with section
				43-02-02.3-05; and
6. Indicate the compliance status for all
				existing state and federal environmental permits held by the operator for this
				operation.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-26 - Additional information may be required

Current through Supplement No. 393, July, 2024
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
				  specifically, for the prevention of waste, protection of correlative rights,
				  and the conservation of natural resources.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-01 - Definitions

Current through Supplement No. 393, July, 2024
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 impacted by solution mining and reclamation
				  operations.
2. "Certified or registered mail" means any form of service
				  by the United States postal service, federal express, Pitney Bowes, and any
				  other commercial, nationwide delivery service that provides the mailer with a
				  document showing the date of delivery or refusal to accept delivery.
3. "Department" means the department of mineral resources of
				  the industrial commission.
4. "Deposit" means an underground concentration containing a
				  common accumulation of subsurface minerals.
5. "Director" means the director of the department of mineral
				  resources of the industrial commission.
6. "Diversion" means a channel, embankment, or other manmade
				  structure constructed to divert water from one area to another.
7. "Field" means the general area underlaid by a
				  concentration of subsurface minerals. Field also includes the geological
				  formation containing such subsurface minerals.
8. "Log or well log" means a systematic, detailed, and
				  correct record of formations encountered in the drilling of a well, and
				  includes commercial electrical logs and similar records.
9. "Occupied dwelling" means a residence which is lived in by
				  a person at least six months throughout a calendar year.
10. "Product" means any commodity made from any subsurface
				  mineral.
11. "Saltwater handling facility" means any container, such
				  as a pit, tank, or pool, whether covered or uncovered, used for the handling,
				  storage, disposal of deleterious substances obtained, or used in connection
				  with the drilling or operation of wells.
12. "Solution mining" means the process of injecting fluid
				  into a well to dissolve rock salt or other readily soluble rock or mineral, and
				  the production of the resulting artificial brine.
13. "Toxic-forming materials" means earth materials or wastes
				  which, if acted upon by air, water, weathering, or microbiological processes,
				  are likely to produce chemical or physical conditions in soils or water that
				  are detrimental to biota or uses of water.
14. "Waste" means:
a. Physical waste;
b. Operations which cause or tend to cause unnecessary or
				  excessive surface loss; or
c. Operations that do not recover all of the mineral being
				  mined that is technically and economically possible.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
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 subsurface minerals.
				  Special rules, pool rules, field rules, and regulations and orders have been
				  and will be issued when required and shall prevail as against general rules,
				  regulations, and orders if in conflict therewith. However, wherever this
				  chapter does not conflict with special rules heretofore or hereafter adopted,
				  this chapter will apply in each case. The commission may grant exceptions to
				  this chapter, after due notice and hearing, when such exceptions will result in
				  the prevention of waste and operation in a manner to protect correlative
				  rights.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-03 - Bond

Current through Supplement No. 393, July, 2024
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
				  commission after notice and hearing, as provided by law. The operator of a well
				  or facility shall be the principal on the bond covering such activity. Each
				  such surety bond shall be executed by a responsible surety company authorized
				  to transact business in North Dakota.
1. Bond amounts and limitations for deep
				solution and injection wells.
a. For deep
				solution wells the amount of the bond shall be commensurate with the number of
				wells, the type of project, and the environmental risk. The amount of a bond
				will be determined by a formula that assigns reclamation costs based upon the
				number of drill sites, the depths of the holes, and the anticipated surface
				restoration costs.
b. Wells
				utilized for commercial disposal operations must be bonded in the amount of
				fifty thousand dollars.
When the principal on the bond is drilling or operating a
				  number of wells within the state or proposes to do so, the principal may submit
				  a bond conditioned as provided by law. A well with an approved temporary
				  abandoned status shall have the same status as an exploratory, mineral, or
				  injection well.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-04 - Designation and responsibilities of operator

Current through Supplement No. 393, July, 2024
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 doing so, the
				  factors the commission may consider include those set forth in subsection 1 of
				  section 43-02-02.4-18.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-05 - Permit required

Current through Supplement No. 393, July, 2024
A permit is required prior to the commencement of drilling or
				  mining.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-06 - Submission of permit applications

Current through Supplement No. 393, July, 2024
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 43-02-2.1, and all required materials. The applicant
				  shall file with the department proof that it submitted a copy of the
				  applications to the county recorder in the county in which the proposed permit
				  area is located.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-07 - Summary document

Current through Supplement No. 393, July, 2024
The permit application must contain a summary document that
				  describes the main elements of the operation and identifies the major
				  environmental issues involved.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-08 - Solution mining operation permit requirements

Current through Supplement No. 393, July, 2024
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.
b. A
				listing of all parties, including addresses, which have an ownership and
				controlling interest in the operation. Alternatively, the applicant may submit
				the applicant's most recent 10k form required by the United States securities
				and exchange commission.
c. A
				statement of all current or previous mining operations within the United States
				held during the five years prior to application owned, operated, or controlled
				by any person identified in subdivision b and the names and addresses of
				regulatory agencies with jurisdiction over the environmental aspects of those
				operations and that could provide a compliance history for the
				operations.
d. The name and address
				of the surface landowners and mineral owners of all land to be affected by the
				mining operation.
e. The name and
				address of a designated agent for the service of notices and orders from the
				director.
f. The mine name and the
				mine safety and health administration identification number.
g. A listing of all federal and state permits
				required for the operation.
h. The
				identification of all property interests the applicant holds, including
				options, in the lands for which a permit is sought and in all contiguous land.
				This identification must cover surface and subsurface interests and legal
				descriptions must be provided identifying the location of each interest and
				option.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-09 - Review for completeness

Current through Supplement No. 393, July, 2024
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 order to
				  complete the application. If the application is substantially deficient, it
				  will be rejected. The department will notify the applicant when the application
				  is considered complete.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-10 - Review period

Current through Supplement No. 393, July, 2024
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 deficiencies;
b.
				Significant changes are submitted that in the department's judgement require
				additional time to review. The department may require additional public
				notification of the amended application; or
c. The department requires additional time to
				conduct an informal conference or a formal hearing to complete the
				decision.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-11 - Permit applications - Fees

Current through Supplement No. 393, July, 2024
A fee of five hundred dollars must accompany the permit
				  application.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-12 - Information added after filing date

Current through Supplement No. 393, July, 2024
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 additional
				  information must be submitted at least thirty days before the hearing date. The
				  applicant must provide proof of submission to the county recorder to the
				  department. The department shall give notice to the public of the additional
				  information at least fifteen days before the scheduled hearing
				  date.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-13 - Notice to agencies

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-14 - Notice of hearing

Current through Supplement No. 393, July, 2024
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 surface and subsurface
				  owners within the permit application area and to the county recorder in the
				  county or counties in which the proposed permit area is
				  located.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-15 - Permit approval or denial

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-16 - Permit term

Current through Supplement No. 393, July, 2024
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 under North Dakota Century Code chapters
				38-12 and 38-12.1 and North Dakota Administrative Code article 43-02;
				or
b. The director determining that
				the permit contains a material mistake or that inaccurate statements were made
				in establishing the terms or conditions of the permit.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-17 - Permit modifications or revision

Current through Supplement No. 393, July, 2024
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 will not be granted
				  unless the director determines that the proposed modification or revision meets
				  the requirements of this section.
1. A
				permit modification or revision for a mining operation is required for:
a. Each new discrete processing, leaching,
				excavation, storage, or stockpile unit located within the permit area and not
				identified in the permit;
b. Each
				expansion of such a unit identified in the permit that exceeds the design
				limits specified in the permit; and
c. Any change in the approved reclamation
				plan.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-18 - Revocation and limitation of permits

Current through Supplement No. 393, July, 2024
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 consider include:
a. The technical ability
				of the operator and other owners to conduct mining operations.
b. The experience of the operator and other
				owners in similar mining operations.
c. Contractual obligations, such as an
				expiring lease.
d. The amount of
				ownership the operator and other owners hold in the lease. If the operator is
				the majority owner or if its interest when combined with that of its supporters
				is a majority of the ownership, it is presumed that the operator should retain
				the permit. This presumption, even if not rebutted, does not prohibit the
				commission from limiting the duration of the permit. However, if the amount of
				the interest owned by the owner seeking revocation or limitation and its
				supporters are a majority of the ownership, the commission will presume that
				the permit should be revoked.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-19 - Surface facilities - Location - Exception to location requirements

Current through Supplement No. 393, July, 2024
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 pollution as specified in these rules.
2. Surface facilities may not be located less
				than five hundred feet from either of the following:
a. Existing recorded freshwater wells and
				reasonably identifiable freshwater wells utilized for human
				consumption.
b. Occupied
				dwellings.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-20 - Operators of class III injection wells

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-21 - Notice of mechanical integrity testing

Current through Supplement No. 393, July, 2024
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 testing shall
				  not be conducted until an operator has received approval of the test procedure
				  from the director. Mechanical integrity testing may be witnessed by the
				  director.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-22 - Mechanical integrity testing

Current through Supplement No. 393, July, 2024
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 if:
a. There is no significant leak
				in the casing, tubing, or packer; and
b. There is no significant fluid movement
				into an underground source of drinking water or an unauthorized zone through
				vertical channels adjacent to the injection bore.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-23 - Calibration of pressure gauges

Current through Supplement No. 393, July, 2024
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
				  calibrated. A pressure gauge shall have a resolution so as to allow detection
				  of at least one-half of the maximum allowable pressure
				  change.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-24 - Reports of mechanical integrity

Current through Supplement No. 393, July, 2024
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 such an
				  evaluation. Reports of mechanical integrity demonstrations utilizing downhole
				  logs shall be accompanied by an interpretation of the log by a person qualified
				  to make such interpretations.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-25 - Mechanical integrity testing required by the director

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-26 - Cavity size

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-27 - Subsidence monitoring above a cavity created by solution mining

Current through Supplement No. 393, July, 2024
The operator shall submit a plan for subsidence monitoring
				  above a cavity for approval by the director. The plan shall include frequency
				  of monitoring and shall include a description of the method used to monitor
				  subsidence.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.4 - Solution Mining › Section 43-02-02.4-28 - Abandonment of cavity created by solution mining

Current through Supplement No. 393, July, 2024
Before abandoning a cavity used for storage, the operator
				  shall remove stored product to the extent practicable and replace it with brine
				  or freshwater subject to the approval of the director.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02