reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-02 - Restrictions on Financial Interests of Employees › Section 69-05.2-02-08 - Appeal from order for remedial action

Current through Supplement No. 393, July, 2024
Any employee aggrieved by a commission order to resolve
				  prohibited financial interests may submit a request for review to the
				  commission secretary within thirty days. The commission will act on the request
				  within thirty days and notify the aggrieved employee of the decision in
				  writing. If the employee does not agree with the written decision, the employee
				  may appeal, in writing, to the director of the central personnel division for a
				  review.
General Authority: NDCC
					 38-14.1-38
Law Implemented: NDCC
					 38-14.1-38
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-03 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 69-05.2-03-01 - Incidental coal or commercial leonardite extraction - Possession of documents

Current through Supplement No. 393, July, 2024
Any person conducting coal or commercial leonardite
				  extraction as an incidental part of government-financed construction is
				  responsible for possessing, onsite, the documentation required by section
				  69-05.2-03-02.
General Authority:
NDCC
					 38-14.1-03
Law Implemented:
NDCC
					 38-14.1-37
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-03 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 69-05.2-03-02 - Incidental coal or commercial leonardite extraction - Information to be maintained onsite

Current through Supplement No. 393, July, 2024
Any person extracting coal or commercial leonardite incident
				  to government-financed highway or other construction who extracts more than two
				  hundred fifty tons [226.80 metric tons] shall maintain, onsite, documents
				  which:
1. Describe the
				project.
2. Show the exact location
				of the construction, right of way, or the boundaries of the area which will be
				directly affected.
3. Identify the
				government agency providing the financing and the kind and amount of public
				financing, including the percentage of all costs represented by the government
				financing.
General Authority:
NDCC
					 38-14.1-03
Law Implemented:
NDCC
					 38-14.1-37
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-01.1 - Areas unsuitable for mining - Areas where surface coal mining operations are prohibited or limited

Current through Supplement No. 393, July, 2024
1.
				Unless the permit applicant has valid existing rights as determined under
				section 69-05.2-04-01.5 or qualifies for
				the exception for existing operations under section
				69-05.2-04-01.2, surface coal
				mining operations must not be located:
a. On
				any lands listed in subsections 1 through 5 of North Dakota Century Code
				section 38-14.1-07.
b. Within the boundaries of study rivers or
				study river corridors established in any guidelines issued under the Wild and
				Scenic Rivers Act [ 16
				U.S.C. 1276(a) ].
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-01.2 - Areas unsuitable for mining - Exception for existing operations from areas where mining is prohibited

Current through Supplement No. 393, July, 2024
The prohibitions and limitations of North Dakota Century
				  Code section
				  38-14.1-07 and section
				  69-05.2-04-01.1 do not apply to
				  coal mining operations for which a valid permit existed when the land came
				  under these protections. This exception applies only to lands that were
				  permitted for mining on August 3, 1977.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-04,
					 38-14.1-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-01.3 - Areas unsuitable for mining - Procedures for relocating or closing a public road or waiving the buffer zone for a public road

Current through Supplement No. 393, July, 2024
1. This section does not apply to:
a. Lands for which a person has valid
				existing rights, as determined under section
				69-05.2-04-01.5.
b. Lands within the scope of the exception
				for existing operations in section
				69-05.2-04-01.2.
c. Access or haul roads that join a public
				road.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-01.4 - Areas unsuitable for mining - Procedures for waiving the prohibition on mining within the buffer zone around an occupied dwelling

Current through Supplement No. 393, July, 2024
1. This section does not apply to:
a. Lands for which a person has valid
				existing rights, as determined under section
				69-05.2-04-01.5.
b. Lands within the scope of the exception
				for existing operations in section
				69-05.2-04-01.2.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-01.5 - Areas unsuitable for mining - Submission of requests for valid existing rights determinations

Current through Supplement No. 393, July, 2024
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 the determination on
				federal lands within:
a. The national park
				system.
b. The national wildlife
				refuge systems.
c. The national
				system of trails.
d. The national
				wilderness preservation system.
e.
				The national wild and scenic rivers system, including study rivers and
				corridors.
f. National recreation
				areas.
g. A national
				forest.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-01.7 - Areas unsuitable for mining - Commission obligations at time of permit application review

Current through Supplement No. 393, July, 2024
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 on any lands protected under North Dakota Century Code section
				38-14.1-07 and section
				69-05.2-04-01.1.
2. The commission will reject any portion of
				the application that would locate surface coal mining operations on land
				protected under North Dakota Century Code section
				38-14.1-07 and section
				69-05.2-04-01.1 unless:
a. The site qualifies for the exception for
				existing operations under section
				69-05.2-04-01.2;
b. A person has valid existing rights for the
				land, as determined under section
				69-05.2-04-01.6;
c. The applicant obtains a waiver or
				exception from certain prohibitions in accordance with sections
				69-05.2-04-01.3 and
				69-05.2-04-01.4; or
d. For lands protected by subsection 3 of
				North Dakota Century Code section
				38-14.1-07, both the commission
				and the agency with jurisdiction over the park or place jointly approve the
				proposed operation in accordance with subsection 4.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-02 - Areas unsuitable for mining - Exploration

Current through Supplement No. 393, July, 2024
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 and chapter 43-02-01. Exploration operations on
				  lands designated unsuitable for mining must be approved by the appropriate
				  state agency to ensure that exploration does not interfere with any value for
				  which the area was designated unsuitable.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-08
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-03 - Areas unsuitable for mining - Petitions for designating lands unsuitable

Current through Supplement No. 393, July, 2024
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 acknowledged by the
				petitioner.
2.
Designation.
A petition to designate must include:
a. A United States geological survey
				topographic map showing the perimeter, location, and size of the area.
b. Allegations of facts, covering
				all lands in the petition area, which tend to establish that the area is
				unsuitable for all or certain types of mining operations. This information must
				meet the criteria in North Dakota Century Code section
				38-14.1-05 and assume that mining
				practices required under this article would be followed if the area were to be
				mined. Each of the allegations should be specific as to the mining operation,
				if known, and the portion of the petitioned area and the petitioner's
				interests, and be supported by evidence that tends to establish the validity of
				the allegation for the mining operation or portion of the area.
c. A description of how mining the area has
				affected or may adversely affect people, land, air, water, or other resources.
d. The petitioner's name, address,
				and telephone number.
e. The
				petitioner's interest which is or may be adversely affected.
f. Any other readily available information
				required by the commission.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-05 - Areas unsuitable for mining - Hearing requirements for designating lands unsuitable

Current through Supplement No. 393, July, 2024
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 hearing is held, the commission will make a record.
2. Not less than thirty days
				before the hearing, the commission will give notice by certified mail of the
				date, time, and location of the hearing to:
a. Local, state, and federal agencies which
				may have an interest in the decision.
b. The petitioner and intervenors.
c. Any person with an ownership or other
				interest known to the commission in the area covered by the petition.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-06 - Areas unsuitable for mining - Commission decision for designating lands unsuitable

Current through Supplement No. 393, July, 2024
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
				38-14.1-05.
d. Any other relevant information submitted
				during the comment period.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-07 - Areas unsuitable for mining - Data base and inventory system for designating lands unsuitable

Current through Supplement No. 393, July, 2024
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
				38-14.1-05 from appropriate state
				and federal agencies.
3. The
				commission will add to the data base and inventory system information:
a. On potential coal or commercial leonardite
				resources of the state, demand for those resources, the environment, the
				economy, and the supply of coal or commercial leonardite, sufficient to enable
				the commission to prepare the statements required by subsection 3 of North
				Dakota Century Code section
				38-14.1-05; and
b. That becomes available from petitions,
				publications, experiments, permit applications, mining and reclamation
				operations, and other sources.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-08 - Areas unsuitable for mining - Public information for designating lands unsuitable

Current through Supplement No. 393, July, 2024
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 to have an area designated
				unsuitable or to have designations terminated and describe how the inventory
				and data base system can be used.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-09 - Areas unsuitable for mining - Commission responsibility for implementation for designating lands unsuitable

Current through Supplement No. 393, July, 2024
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
				operations.
3. Make available to
				any person information within its control regarding designations, including
				mineral or elemental content which is potentially toxic in the environment, but
				excepting proprietary information on the chemical and physical properties of
				the coal or commercial leonardite according to subsection 3 of North Dakota
				Century Code section
				38-14.1-13.
General Authority:
NDCC
					 38-14.1-03
Law Implemented:
NDCC
					 38-14.1-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-05 - Permit Applications - General Requirements › Section 69-05.2-05-01 - Permit application filing - Completeness review - Review period

Current through Supplement No. 393, July, 2024
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 commission notifies the applicant the application
				is complete.
b. Each applicant
				shall submit four copies of the complete application and all required materials
				to the commission. When federal lands are in the permit area, three copies
				shall be submitted to the commission and additional copies, as required,
				submitted to the office of surface mining reclamation and enforcement and
				bureau of land management. Each applicant shall also submit additional copies
				or portions of copies as necessary for reclamation advisory committee review.
				Applications may be submitted in an electronic format that has been approved by
				the commission.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-05 - Permit Applications - General Requirements › Section 69-05.2-05-02 - Permit applications - General requirements for format and contents

Current through Supplement No. 393, July, 2024
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 to the commission.
2. All technical analyses must be planned by
				or under the direction of an individual qualified in that subject, and data
				submitted in the permit application shall be accompanied by:
a. Names of persons or organizations that
				collected and analyzed the data.
b.
				Dates of collection and analyses.
c. Descriptions of methodology
				used.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-05 - Permit Applications - General Requirements › Section 69-05.2-05-04 - Permit applications - Verification

Current through Supplement No. 393, July, 2024
Permit and revision applications must be verified by the
				  applicant or an authorized representative of the applicant.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-13,
					 38-14.1-14
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-05 - Permit Applications - General Requirements › Section 69-05.2-05-06 - Permit applications - Coordination with requirements under other laws

Current through Supplement No. 393, July, 2024
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 Protection Act (North Dakota Century Code
				chapter 23-29).
c. Control,
				prevention, and abatement of pollution of surface waters (North Dakota Century
				Code chapter 61-28).
d. State
				engineer, state water commission, and water resource districts (North Dakota
				Century Code chapters 61-01, 61-02, 61-03, 61-04, 61-15, 61-16.1, 61-16.2,
				61-31, and 61-32).
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-05 - Permit Applications - General Requirements › Section 69-05.2-05-07 - Permit applications - Permit area determination -Porcelanite, sand, and gravel borrow pits

Current through Supplement No. 393, July, 2024
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 mining and reclamation operations.
2. The acreage [hectarage] affected by the
				pits and the impact of pits adjacent to the mining operation upon land, air, or
				water resources.
3. Degree of
				dependency of the mining operation on the pits.
4. Degree of control over the operation of
				the pits by the permittee or operator.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-14
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-05 - Permit Applications - General Requirements › Section 69-05.2-05-08 - Permit applications - Permit term

Current through Supplement No. 393, July, 2024
The commission will:
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 or commercial leonardite extraction. Coal or
				commercial leonardite removal boundaries cannot go beyond those approved for
				the permit term without obtaining a revision under section
				69-05.2-11-02.
2. Permitted acreage where surface coal
				mining operations are not complete shall be successively renewed under section
				69-05.2-11-03 until final bond
				release.
3. A term for a fixed
				period greater than five years may be approved if:
a. The applicant needs a specified longer term and a larger permit
				area to make the showing necessary to obtain financing for equipment and
				opening the operation, and this need is verified, in writing, by the
				applicant's proposed financing source; and
b. The application is accurate and complete for the specified
				longer term.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-05 - Permit Applications - General Requirements › Section 69-05.2-05-09 - Permit applications - Consolidation for multiple permit operations

Current through Supplement No. 393, July, 2024
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. The consolidation of information and plans
				will be limited to sections of the permit application where the same
				information and plans cover more than one permit area. Each consolidated
				document is subject to the approval procedures established for permit
				revisions.
2. Each mining permit
				must be revised to describe the specific information and plans to be
				consolidated into a single document covering the entire surface coal mining and
				reclamation operation under permit.
3. Each consolidated document is subject to
				review by the commission at the time of midterm review or renewal for each
				permit covered by the consolidated document, in accordance with section
				69-05.2-11-01.
4. A permittee may propose modifications to a
				consolidated document by filing a permit revision application relating to the
				most recently issued permit covered by the consolidated document.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-13
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-06 - Permit Applications - Requirements for Legal, Financial, Compliance, and Related Information › Section 69-05.2-06-02 - Permit applications - Compliance information

Current through Supplement No. 393, July, 2024
In addition to satisfying the applicable requirements of
				  subsection 1 of North Dakota Century Code section
				  38-14.1-14, each application must
				  contain:
1. A statement of any current
				or previous coal mining permits in any state held during the five years prior
				to application and by any person identified in paragraph 3 of subdivision e of
				subsection 1 of North Dakota Century Code section
				38-14.1-14, and of any pending
				application to conduct operations in any state. The information must be listed
				by permit and pending application number for each.
2. The explanation required by subdivision h
				of subsection 1 of North Dakota Century Code section
				38-14.1-14 including:
a. Identification number and permit issue
				date or date and amount of bond or similar security.
b. Identification of the authority that
				suspended or revoked a permit or forfeited a bond and the reasons for that
				action.
c. The current status of
				the permit, bond, or security.
d.
				The date, location, type, and current status of any administrative or judicial
				proceedings initiated concerning the suspension, revocation, or
				forfeiture.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-06 - Permit Applications - Requirements for Legal, Financial, Compliance, and Related Information › Section 69-05.2-06-03 - Permit applications - Right of entry and operation information

Current through Supplement No. 393, July, 2024
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 Dakota
				Century Code section
				38-18-06.
2. Following completion of coal or commercial
				leonardite removal operations on the lands covered by a coal or commercial
				leonardite lease, the copy of the lease may be deleted from an approved permit
				if:
a. The lease is no longer needed to show
				the surface right of entry for carrying out reclamation operations;
				or
b. The lease has expired or has
				been terminated.
If a coal or commercial leonardite lease is no longer
				  provided for surface right of entry, other documents granting the permittee
				  surface right of entry must be added to the permit.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-06 - Permit Applications - Requirements for Legal, Financial, Compliance, and Related Information › Section 69-05.2-06-04 - Permit applications - Identification of other licenses and permits

Current through Supplement No. 393, July, 2024
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 permit or license
				identification numbers.
4. If a
				decision has been made, the date of approval or disapproval by each issuing
				authority.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-14
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-06 - Permit Applications - Requirements for Legal, Financial, Compliance, and Related Information › Section 69-05.2-06-05 - Permit applications - Relationship to areas designated unsuitable for mining

Current through Supplement No. 393, July, 2024
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 proceeding.
2. If claiming the exemption in subdivision d
				of subsection 3 of North Dakota Century Code section
				38-14.1-21, the applicant shall
				provide information supporting the assertion of substantial legal and financial
				commitments made before January 4, 1977.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-05,
					 38-14.1-14,
					 38-14.1-21
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-07 - Permit Applications - Extended Mining Plan - Requirements for Information on Environmental Resources › Section 69-05.2-07-01 - Permit applications - Extended mining plan - General requirements

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-15
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-07 - Permit Applications - Extended Mining Plan - Requirements for Information on Environmental Resources › Section 69-05.2-07-02 - Permit applications - Extended mining plan - Amendment

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-15
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-07 - Permit Applications - Extended Mining Plan - Requirements for Information on Environmental Resources › Section 69-05.2-07-03 - Permit applications - Extended mining plan - General map requirements

Current through Supplement No. 393, July, 2024
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
				section, of the lands within them.
3. The size, sequence, and timing of
				individual permits over the estimated life of the extended mining plan.
4. The estimated crop and recovery
				lines.
The information may be shown on one map or on separate maps
				  along with appropriate narratives.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-14,
					 38-14.1-15
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-07 - Permit Applications - Extended Mining Plan - Requirements for Information on Environmental Resources › Section 69-05.2-07-04 - Permit applications - Extended mining plan - General requirements for description of hydrology [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-07 - Permit Applications - Extended Mining Plan - Requirements for Information on Environmental Resources › Section 69-05.2-07-05 - Permit applications - Extended mining plan - Alluvial valley floors [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-07 - Permit Applications - Extended Mining Plan - Requirements for Information on Environmental Resources › Section 69-05.2-07-06 - Permit applications - Extended mining plan - Soil resources information [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-07 - Permit Applications - Extended Mining Plan - Requirements for Information on Environmental Resources › Section 69-05.2-07-07 - Permit applications - Extended mining plan - Geologic description [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-07 - Permit Applications - Extended Mining Plan - Requirements for Information on Environmental Resources › Section 69-05.2-07-08 - Permit applications - Extended mining plan - Fish and wildlife information [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-01 - Permit applications - Permit area - Environmental resources information

Current through Supplement No. 393, July, 2024
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 or commercial leonardite removal area is larger
				than that needed for the initial five-year term, the applicant shall identify
				the size, sequence, and timing of mining individual coal or commercial
				leonardite removal subareas.
3.
				Lands in the application must be described by metes and bounds or standard
				government land survey descriptions, except that government lots must be
				described only by metes and bounds.
General Authority:
NDCC
					 38-14.1-03
Law Implemented:
NDCC
					 38-14.1-14
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-02 - Permit applications - Permit area - General map requirements

Current through Supplement No. 393, July, 2024
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 [402.23 meters] from
				the permit boundary.
b. The scale,
				date, location, company name, legal subdivision boundaries, and
				legend.
c. The exact area being
				considered for permit.
d. The
				locations and elevations of drill holes used for collecting geologic, ground
				water, and overburden information.
e. The location and current use of all
				buildings on and within one-half mile [804.67 meters] of the permit
				area.
f. The location of surface
				and subsurface manmade features within, passing through, or passing over the
				permit area, including major electric transmission lines, pipelines,
				agricultural drainage tile fields, wells, roads, highways, and
				railroads.
g. Each public road in
				or within one hundred feet [30.48 meters] of the permit area.
h. Each public or private cemetery or native
				American burial ground in or within one hundred feet [30.48 meters] of the
				permit area.
i. Elevations and
				locations of monitoring stations used to gather environmental resource data for
				water quality and quantity, fish and wildlife, and air quality.
j. Location and extent of known underground
				mines, including openings to the surface within the permit and adjacent
				areas.
k. Location and extent of
				existing or previously surface-mined areas within the permit and adjacent
				area.
l. Location and dimensions of
				existing areas of spoil, coal, commercial leonardite and noncoal waste
				disposal, dams, embankments, other impoundments, and water treatment and air
				pollution control facilities within the permit area.
m. Location, and depth if available, of gas
				and oil wells within the permit area.
n. The boundaries of any public park within
				or adjacent to the permit area.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-03 - Permit applications - Permit area - Description of the cultural and historic resources [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-04 - Permit applications - Permit area - Description of hydrology and geology -General requirements

Current through Supplement No. 393, July, 2024
1. Each
				application must describe the geology, hydrology, and water quality and
				quantity of the permit and adjacent area. The description must include
				information on the characteristics of all surface and ground waters within the
				permit and adjacent areas, and any water which will flow into or receive
				discharges from these areas. The permit will not be approved until this
				information is in the application.
2. All water quality sampling and analyses
				must be conducted according to the most recent edition of Standard Methods for
				the Examination of Water and Wastewater or those in 40 CFR parts 136 and 434 or
				other methods approved by the commission and the office of surface mining
				reclamation and enforcement.
3.
				Enough detailed geologic information must be included to determine:
a. The probable hydrologic consequences (PHC)
				of the operation on the quality and quantity of surface and ground water in the
				permit and adjacent areas, including the extent to which surface and ground
				water monitoring is necessary;
b.
				All potentially toxic-forming strata down through the lowest coal or commercial
				leonardite seam to be mined; and
c.
				Whether reclamation can be accomplished and whether the proposed operation has
				been designed to prevent material damage to the hydrologic balance outside the
				permit area.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-06 - Permit applications - Permit area - Ground water information

Current through Supplement No. 393, July, 2024
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
				hydrology (the water resources of the area).
b. Known uses of the water in the aquifers
				and water table and location of all water wells within the permit and adjacent
				areas.
c. Sufficient information
				and narratives to adequately describe the recharge, storage, and discharge
				characteristics of aquifers and the quality and quantity of ground water
				according to the parameters and in the detail required by the commission. The
				narrative must discuss the aquifers and hydrologic functions that are addressed
				in the ground water monitoring plan required by section
				69-05.2-09-12 in order to comply
				with sections
				69-05.2-16-13 through
				69-05.2-16-15.
d. Contour maps or maps showing the water
				table or piezometric surface in each aquifer (including water-bearing coal or
				commercial leonardite seams) down to and including the lowest water-bearing
				coal or commercial leonardite seam to be mined and any lower aquifer which may
				be adversely affected by mining. The applicant shall prepare 1:24,000 scale
				maps covering the permit and adjacent areas, using at least one data point (a
				piezometer nest) per four square miles [6.44 square kilometers], unless the
				commission requires a greater density. Data points must be shown on the map to
				the nearest ten acres [4.05 hectares]. Accompanying data should include
				lithologic and geophysical (gamma ray and density) logs of the piezometer
				holes, piezometer construction details, and water level and land surface
				elevations to the accuracy necessary for valid analysis of the ground water
				hydrology of the permit and adjacent areas.
e. Results of water samples collected from
				each data point, if possible, analyzed for:
(1) Total dissolved solids in milligrams per
				liter.
(2) Hardness in milligrams
				per liter.
(3) Sodium in milligrams
				per liter.
(4) Iron, bicarbonate,
				nitrate, sulfate, and chloride in milligrams per liter.
(5) pH in standard units.
(6) Sodium adsorption ratio (include calcium,
				magnesium, and sodium cation concentrations).
(7) Electrical conductivity in micro mhos per
				centimeter.
(8) Additional
				parameters required by the commission on a site-specific basis.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-07 - Permit applications - Permit area - Surface water information

Current through Supplement No. 393, July, 2024
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 water bodies.
d. Water supply intakes for
				current surface water users.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-08 - Permit applications - Permit area - Vegetation and land use information

Current through Supplement No. 393, July, 2024
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, each soil mapping unit.
(2) For tame pastureland, each
				soil mapping unit.
(3) For native
				grasslands, each ecological site. The soil mapping unit in each ecological site
				must also be delineated.
(4) For
				woodland, each woodland type, i.e., trees, tall shrubs, and low shrubs.
(5) For fish and wildlife habitat,
				each vegetation type as further specified in subparagraphs a, b, and c.
(a) For woodland, each woodland type, i.e.,
				trees, tall shrubs, and low shrubs;
(b) For wetlands, wetland classes based on
				ecological differentiation as set forth in Classification of Natural Ponds and
				Lakes in the Glaciated Prairie Region (United States department of the interior
				(1971)) or other approved classification system.
(c) For grasslands (native or introduced),
				each soil mapping unit.
(6) For shelterbelts, the entire planting.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-09 - Permit applications - Permit area - Prime farmland -Reconnaissance investigation

Current through Supplement No. 393, July, 2024
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 of the required reconnaissance investigation.
2. If the reconnaissance investigation
				establishes that no land within the proposed permit area is prime farmland
				historically used for cropland, the applicant shall submit a statement that no
				prime farmland is present. The statement must identify how the conclusion was
				reached.
3. If the reconnaissance
				investigation indicates that land within the proposed permit area may be prime
				farmland historically used for cropland, the applicant shall determine if a
				cooperative soil survey exists for those lands and whether soil mapping units
				in the permit area have been designated as prime farmland. If no cooperative
				soil survey exists, the applicant shall have one made of the lands which the
				reconnaissance investigation indicates could be prime farmland.
a. If the cooperative soil survey indicates
				that no prime farmland soil mapping units are present within the permit area,
				subsection 2 applies.
b. If the
				cooperative soil survey indicates that prime farmland soil mapping units are
				present within the permit area, section
				69-05.2-09-15 applies, unless the
				applicant presents other information which demonstrates to the satisfaction of
				the state conservationist of the natural resource conservation service that no
				prime farmland mapping units are present.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-10 - Permit applications - Permit area - Soil resources information

Current through Supplement No. 393, July, 2024
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 30 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 and
				lateral (areal) extent of the suitable plant growth material (topsoil) within
				the permit area that is considered best for topdressing the area to be
				reclaimed. Suitable plant growth material considered best for topdressing is
				the noncalcareous surface horizon material that is dark-colored due to organic
				staining, has an electrical conductivity of less than two millimhos per
				centimeter (EC x 103), a sodium adsorption ratio of
				less than four (exchangeable sodium percentage of less than five) and an
				organic matter percentage of one or more.
b. The location and the vertical and lateral
				(areal) extent of the remaining suitable plant growth material (subsoil) within
				the permit area, based on electrical conductivity of the saturation extract of
				less than four millimhos per centimeter (EC x 103),
				and sodium adsorption ratios of less than ten (exchangeable sodium percentage
				of less than twelve).
c. The
				location of any prime farmlands identified under section
				69-05.2-08-09.