North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.3 - Surface Mining (Noncoal) › Section 43-02-02.3-01 - 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 surface 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. "Coal" manes a dark-colored compact and earthy organic
				  rock with less than forty percent inorganic components, based on dry material,
				  formed by the accumulation and decomposition of plant material. The term
				  includes consolidated lignite coal, in both oxidized and nonoxidized forms,
				  having less than eight thousand three hundred British thermal units per pound
				  [453.59 grams], moist and mineral matter free, whether or not the material is
				  enriched in radioactive materials.
4. "Department" means the department of mineral resources of
				  the industrial commission.
5. "Deposit" means an underground concentration containing a
				  common accumulation of subsurface minerals.
6. "Director" means the director of the department of mineral
				  resources of the industrial commission.
7. "Disturbed area" means the surface area disturbed by
				  mining and reclamation operations. Areas are classified as "disturbed" until
				  reclamation is complete and the performance bond or other assurance of
				  performance required by North Dakota Century Code chapter 38-12 and this
				  article is released.
8. "Diversion" means a channel, embankment, or other manmade
				  structure constructed to divert water from one area to another.
9. "Geomembrane" means a synthetic, impermeable membrane used
				  in contact with soil or other materials in geotechnical and civil engineering
				  applications to contain liquids.
10. "Impoundment" means a closed basin, naturally formed or
				  artificially built, which is dammed or excavated for the retention of water,
				  sediment, or waste.
11. "Large mining operations" means mining operations which
				  have a disturbed area of more than ten acres at any time.
12. "Operator" means any person or persons who, duly
				  authorized, is in charge of the development of a lease or the operation of a
				  producing property.
13. "Postmining land use" means a beneficial use or multiple
				  uses which will be established on a permit area after completion of a mining
				  project.
14. "Small mining operations" means mining operations which
				  have a disturbed area of ten acres or less at any time.
15. "Surface mining" means mining conducted on the land
				  surface including open pit, strip, or auger mining; dredging; quarrying;
				  reworking abandoned dumps and tailing; and activities related thereto.
16. "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.
17. "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