reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-11 - Permit Reviews, Revisions, and Renewals - Transfer, Sale, or Assignment of Rights Granted under Permits › Section 69-05.2-11-03 - Permit renewals - Applications

Current through Supplement No. 393, July, 2024
1. Successive renewal is available only for
				lands within permit boundaries and for incidental boundary changes approved
				under section
				69-05.2-11-02.
2. Obligations established under a surface
				coal mining and reclamation operations permit continue until completion of all
				operations, regardless of whether the authorization to conduct surface coal
				mining operations has expired or has been terminated, revoked, or suspended.
3. A permittee need not renew a
				permit for surface coal mining and reclamation operations if no surface coal
				mining operations remain to be conducted and only reclamation remains to be
				done.
4. Permits for areas
				released from all bond will not be renewed.
5. Renewal applications must be in a form
				required by the commission, and include:
a.
				The name and address of the permittee, the term of the renewal requested, the
				permit number, and a description of any acreage [hectarage] changes or other
				changes to the original permit application or prior renewal.
b. The reasons for requesting renewal.
c. A copy of the text of the
				newspaper notice prepared according to requirements in subsection 6. The
				applicant shall furnish proof of publication to the commission after the last
				required publication date.
d.
				Evidence that adequate liability insurance will be provided for the proposed
				renewal period.
e. Evidence that
				bond is sufficient and will continue in full force for the proposed renewal
				period.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-11 - Permit Reviews, Revisions, and Renewals - Transfer, Sale, or Assignment of Rights Granted under Permits › Section 69-05.2-11-04 - Permit renewals - Approval or denial

Current through Supplement No. 393, July, 2024
The commission will send copies of its decision to approve
				  or deny a renewal to the applicant, any persons who filed objections or
				  comments, and any persons who were parties to any informal conference held on
				  the renewal.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-22
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-11 - Permit Reviews, Revisions, and Renewals - Transfer, Sale, or Assignment of Rights Granted under Permits › Section 69-05.2-11-05 - Permit renewal - Limitation [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 69-05.2-11 - Permit Reviews, Revisions, and Renewals - Transfer, Sale, or Assignment of Rights Granted under Permits › Section 69-05.2-11-06 - Transfer, sale, or assignment of rights granted under permit

Current through Supplement No. 393, July, 2024
1. Any person
				seeking to succeed by transfer, sale, or assignment to the rights granted by a
				permit shall, prior to transfer, sale, or assignment:
a. Obtain the performance bond coverage of
				the original permittee by:
(1) Obtaining
				transfer of the original bond;
(2)
				Obtaining a written agreement with the original permittee and all subsequent
				successors in interest that the bond will continue in force and be supplemented
				as the commission requires. If agreement is reached, the commission may
				authorize release of bond in excess of that required by the agreement; or
(3) Providing sufficient bond or
				acceptable alternative to cover the original permit in its entirety from
				inception to completion of reclamation operations.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-11 - Permit Reviews, Revisions, and Renewals - Transfer, Sale, or Assignment of Rights Granted under Permits › Section 69-05.2-11-07 - Successor in interest to permittee - New permit

Current through Supplement No. 393, July, 2024
Any successor in interest seeking to change the mining or
				  reclamation operations, or any of the terms or conditions of the original
				  permit shall, within thirty days after succession is approved:
1. Apply for a new permit under chapters
				69-05.2-05 through 69-05.2-09, if the change involves conducting operations
				outside the original permit area; or
2. Apply for a revised permit under section
				69-05.2-11-02.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-23
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-01 - Performance bond - General requirements

Current through Supplement No. 393, July, 2024
1. Permit applicants shall submit an estimate
				of bond for the entire permit area or that area specified in subsection 5.
2. The commission will review the
				estimated bond amount, approve or modify the required amount and notify the
				applicant.
3. Liability on the
				bond must cover all surface coal mining and reclamation operations to be
				conducted within the legally described area attached to the bond.
4. 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 should
				reclamation by the regulatory authority become necessary under section
				69-05.2-12-18.
5. When the permittee elects to increment the
				amount of the bond, the permittee shall:
a.
				Furnish a legal description of each incremental area.
b. Furnish a schedule when each increment
				will require bond.
c. Furnish with
				the application 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 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-02 - Performance bond - Form of the performance bond

Current through Supplement No. 393, July, 2024
The form for the performance bond shall be either:
1. A surety bond;
2. A collateral bond;
3. A self-bond; or
4. A combination of the above.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-16
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-03 - Performance bond - Surety bond

Current through Supplement No. 393, July, 2024
Surety bonds shall be subject to the conditions of
				  subsections 6 and 7 of North Dakota Century Code section
				  38-14.1-16 and the following
				  conditions:
1. The notice required by
				subsection 6 of North Dakota Century Code section
				38-14.1-16 shall be by certified
				mail to the permittee and the commission and is not effective until received by
				both.
a. Cancellation is not effective for
				lands subject to bond coverage which are disturbed after receipt of notice, but
				prior to approval by the commission.
b. The commission may approve cancellation if
				a replacement bond is filed by the permittee prior to the cancellation date, or
				the permit is revised so that the surface coal mining operations approved under
				the permit are reduced to cover all the costs for completion of reclamation
				operations.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-04 - Performance bond - Collateral bond

Current through Supplement No. 393, July, 2024
The guarantor of a collateral bond may be the permit
				  applicant or a qualified third party.
1. Collateral bonds are subject to the
				following conditions:
a. All collateral must
				be kept in the commission's custody until authorized for release or
				replacement.
b. Collateral must be
				valued at market value.
c.
				Certificates of deposit must be assigned to the state, in writing, and upon the
				books of the issuer.
d. Except for
				certificates issued by the Bank of North Dakota, the commission will not accept
				an individual certificate in excess of one hundred thousand dollars, or the
				maximum amount insured by the federal deposit insurance corporation and the
				federal savings and loan insurance corporation, whichever is greater.
e. An issuer shall waive all rights of setoff
				or lien against the certificate.
f.
				The commission will accept only automatically renewable certificates of
				deposit.
g. The permit applicant
				shall deposit sufficient collateral to assure the commission will be able to
				liquidate the certificates prior to maturity, upon forfeiture, for the amount
				of the bond.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-05.1 - Performance bond - Self-bond of permit applicant

Current through Supplement No. 393, July, 2024
1. The commission may accept a self-bond if
				the following conditions are met:
a. The
				applicant designates an agent for service of process in the state.
b. The applicant has been in continuous
				operation as a business entity the five years preceding the application. The
				commission may allow a joint venture with less than five years of continuous
				operation if each member has been in continuous operation for the five years
				preceding the application.
c. The
				applicant submits financial information in sufficient detail to show one of the
				following:
(1) The applicant has a current
				rating of "A" or higher for its most recent bond issuance as issued by Moody's
				Investors Service, Standard and Poor's Corporation, or an equivalent rating by
				any other nationally recognized statistical rating organization, as defined and
				approved by the United States securities and exchange commission, that is
				acceptable to the commission.
(2)
				The applicant has a tangible net worth of at least ten million dollars, a ratio
				of total liabilities to net worth of 2.5 or less, and a ratio of current assets
				to current liabilities of 1.2 or greater.
(3) The applicant's fixed assets in the
				United States total at least twenty million dollars and the applicant has a
				ratio of total liabilities to net worth of 2.5 or less, and a ratio of current
				assets to current liabilities of 1.2 or greater.
d. The applicant submits:
(1) Financial statements for the last
				complete fiscal year audited by an independent certified public accountant, and
				a report containing the accountant's audit opinion or review opinion of the
				financial statements with no adverse opinion; and
(2) Financial statements for completed
				quarters in the current fiscal year and additional information requested by the
				commission.
e.
				"Tangible net worth" means net worth less intangibles.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-06 - Performance bond - Replacement of bonds

Current through Supplement No. 393, July, 2024
1. The commission may allow permittees to
				replace one form of bond with another, if the liability is transferred to the
				replacement bonds.
2. Bonds must
				remain in effect until the commission has approved replacement bonds.
3. Bond replacement is not a
				release of bond.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-16
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-07 - Performance bond - Determination of bond amount

Current through Supplement No. 393, July, 2024
1. The amount of bond required is the
				estimated cost for the commission to perform the reclamation, restoration, and
				abatement work required.
2. The
				amount of bond required for each bonded area will:
a. Be determined by the commission;
b. Depend upon the requirements of
				the approved permit and reclamation plan;
c. Reflect the probable difficulty of
				reclamation considering topography, geology, hydrology, and revegetation
				potential; and
d. Consider the
				estimated cost submitted by the permit applicant.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-08 - Performance bond Adjustment of amount

Current through Supplement No. 393, July, 2024
1. The commission will review each bond
				consistent with section
				69-05.2-11-01 or more frequently
				and notify the permittee of any proposed bond adjustment.
2. The commission will reevaluate bonds with
				the standards in section
				69-05.2-12-07.
3. If the commission determines a bond
				adjustment is required, the permittee is entitled to an informal conference on
				the adjustment under 69-05.2-10 and North Dakota Century Code section
				38-14.1-19.
4. A permittee may request reduction of the
				required bond amount upon submission of evidence showing the permittee's
				operations or other circumstances will reduce the maximum estimated cost for
				the commission to complete reclamation. Bond reductions which involve
				undisturbed land or revision of the cost estimate of reclamation are not bond
				releases. A request for reduction in bond for reclamation work performed on
				disturbed areas is a request for bond release.
General Authority: NDCC
					 38-14.1-03 Law
Implemented: NDCC
					 38-14.1-16
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-09 - Performance bond Period of liability

Current through Supplement No. 393, July, 2024
69-05.2-12-09. Performance bond
				  Period of liability.
1. The
				bond liability period is the time necessary to meet the requirements of North
				Dakota Century Code chapter 38-14.1, this article, and the permit and shall
				continue a minimum of ten years as specified in subsection 2 of section
				69-05.2-22-07. The period of
				extended responsibility begins again whenever augmented seeding, fertilization,
				irrigation, or other work is required or conducted on the site prior to bond
				release, unless the management practice conducted is a part of normal
				management for that particular land use and is approved by the commission.
2. If the commission approves a
				long-term postmining land use of developed water resources, recreation,
				residential, industrial, or commercial, the commission may approve a liability
				period of less than ten years if the other requirements of this subsection and
				the requirements of subdivisions j and k of subsection 4 of section
				69-05.2-22-07 are met prior to the
				final release of bond.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-16
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-11 - Release of performance bond - Criteria for bond release

Current through Supplement No. 393, July, 2024
1. The commission
				will not release any bond liability if the release would reduce the total
				remaining liability to less than that necessary for the commission to complete
				the required reclamation.
2.
				Release of bond for any combination of release stages identified in subsection
				7 of North Dakota Century Code section
				38-14.1-17 requires compliance
				with the reclamation standards established for each individual bond release
				stage.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-12 - Release of performance bond - Bond release application

Current through Supplement No. 393, July, 2024
1. The permittee
				may request the commission release all or part of a bond for lands disturbed
				after July 1, 1975, as follows:
a. For lands
				disturbed between July 1, 1975, and June 30, 1979, the application must comply
				with subsection 1 of North Dakota Century Code section
				38-14.1-17 and subsections 3 and
				4. The criteria for release of all or part of the bond will be according to the
				reclamation requirements in effect at the time of the disturbance.
b. For lands disturbed after June 30, 1979,
				the application must comply with the requirements of this section and section
				69-05.2-12-11.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-13 - Release of performance bond - Location of hearing

Current through Supplement No. 393, July, 2024
Any formal hearing on the release of bond under subsection 2
				  of North Dakota Century Code section
				  38-14.1-17 shall be held in the
				  city nearest the permit area, or the state capitol, at the option of the
				  objector. Any person having a valid legal interest in a proposed release from
				  bond shall specify preference for the place of hearing in the request for a
				  formal hearing.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-14 - Release of performance bond Commission inspection - Time of release

Current through Supplement No. 393, July, 2024
1. The surface
				owner, agent, or lessee will be notified by the commission of the bond release
				inspection and may participate in the inspection. If requested by a person with
				an interest in the bond release, the commission may arrange with the permittee
				access to the permit area for that person to gather relevant information within
				the time specified by subsection 3 of North Dakota Century Code section
				38-14.1-17.
2. The commission will not release bond until
				the time to request a formal hearing has expired, or the commission has issued
				a final decision after a formal hearing.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-15 - Release of performance bond - Objections to the decision and request for a public hearing

Current through Supplement No. 393, July, 2024
1. The permittee or
				any person having a valid legal interest in the decision to release all or part
				of the performance bond shall have the right to file written objections to the
				release and to request a formal hearing under subsection 3 of North Dakota
				Century Code section
				38-14.1-30 within thirty days of
				the decision.
2. The location of
				the formal hearing shall be selected in accordance with section
				69-05.2-12-13.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-16 - Forfeiture of performance bond - Procedures

Current through Supplement No. 393, July, 2024
If forfeiture of the bond is required by section
				  69-05.2-12-18, the commission
				  will:
1. Send notice by certified
				mail to the permittee and any surety of the commission's final decision to
				require forfeiture of the bond, the reasons for forfeiture, and the amount to
				be forfeited.
2. Advise the
				permittee and any surety of the permittee's right to request judicial review
				under North Dakota Century Code section
				38-14.1-35.
3. Proceed to collect on the bond.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-16,
					 38-14.1-30,
					 38-14.1-33,
					 38-14.1-35
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-18 - Forfeiture of performance bond - Amount of forfeiture

Current through Supplement No. 393, July, 2024
If the commission requires performance bond forfeiture, the
				  total amount of all bonds for the bonded area for which liability is
				  outstanding must be forfeited. Any bond proceeds remaining after reclamation is
				  completed will be refunded. If there is more than one bond for a bonded area,
				  including collateral bonds and self-bonds, any proceeds remaining after
				  reclamation work is completed will be refunded proportionately.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-16,
					 38-14.1-30
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-12 - Performance Bonds - Liability Insurance › Section 69-05.2-12-20 - Liability insurance

Current through Supplement No. 393, July, 2024
1. The
				permittee shall submit to the commission a certificate of public liability
				insurance in accordance with subsection 3 of North Dakota Century Code section
				38-14.1-14. Minimum coverage for
				bodily injury and property damage must be one million dollars for each
				occurrence and two million dollars aggregate.
2. The policy must be maintained in full
				force during the life of the permit or any renewal, as well as the liability
				period necessary to complete all reclamation operations under this article.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-16,
					 38-14.1-30
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-02 - Performance standards - General requirements - Annual map

Current through Supplement No. 393, July, 2024
The permittee shall submit two copies of an annual map to
				  the commission for all permit areas by each March fifteenth. The scale must be
				  1:4,800 or other scale approved by the commission. The information must be
				  reported for each calendar year until all bond has been released. The map, or
				  maps if necessary, must clearly show the following and include a legend
				  specifying the number of acres [hectares] in each category:
1. Each permit area and section line.
2. Activities during the year for
				each permit, including:
a. Acreage
				[hectarage] affected.
b. Acreage
				[hectarage] where suitable plant growth material removal operations have been
				completed.
c. Acreage [hectarage]
				where coal mining operations are completed and the contemporaneous reclamation
				requirement of subsection 14 of North Dakota Century Code section
				38-14.1-24 has been initiated.
d. Acreage [hectarage] where grade
				approval has been obtained.
e.
				Acreage [hectarage] where suitable plant growth material redistribution
				operations have been completed.
f.
				Acreage [hectarage] planted where the ten-year revegetation period has been
				initiated.
g. Acreage [hectarage]
				where bond has been partially released and the stage of release.
h. Acreage [hectarage] where bond has been
				totally released.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-03 - Performance standards - General requirements -Authorizations to operate

Current through Supplement No. 393, July, 2024
A copy of all current permits, licenses, approved plans, or
				  other authorizations to operate the mine must be available for inspection at or
				  near the minesite.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-04 - Performance standards - General requirements - Signs and markers

Current through Supplement No. 393, July, 2024
The permittee shall, at a minimum, comply with the following
				  requirements for areas within a permit where a performance bond has been
				  posted.
1.
Specifications.
Signs and markers must:
a. Be posted
				and maintained by the operator.
b.
				Be of a uniform design throughout the operation that can be easily seen and
				read.
c. Be made of durable
				material.
d. Conform to local
				ordinances and codes.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-05 - Performance standards - General requirements - Minimize disturbances - Best technology currently available

Current through Supplement No. 393, July, 2024
All surface coal mining and reclamation operations must be
				  conducted to minimize disturbances on lands where coal or commercial leonardite
				  is not removed and utilize the best technology currently
				  available.
General Authority:
NDCC
					 38-14.1-03
Law Implemented:
NDCC
					 38-14.1-03,
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-06 - Performance standards - General requirements -Avoidance of underground mine areas

Current through Supplement No. 393, July, 2024
Surface coal mining activities may not be conducted closer
				  than five hundred feet [152.40 meters] of an underground mine, unless the
				  activities result in improved resource recovery, abatement of water pollution,
				  or elimination of hazards to public health and safety.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-07 - Performance standards - General requirements - Air resources protection

Current through Supplement No. 393, July, 2024
The permittee shall comply with all applicable air pollution
				  control laws and rules of the state department of health and stabilize and
				  protect all surface areas.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-09 - Performance standards - General requirements - Slides and other damage

Current through Supplement No. 393, July, 2024
The operator shall promptly notify the commission and comply
				  with required remedial measures whenever a slide occurs which may potentially
				  adversely affect public property, health, safety, or the environment.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-10 - Performance standards - General requirements -Cessation of operations - Temporary

Current through Supplement No. 393, July, 2024
1. Each
				permittee shall effectively secure surface facilities in temporarily inactive
				areas. Temporary abandonment does not affect a permittee's obligation to comply
				with permit provisions.
2. Before
				temporarily ceasing or abandoning operations, the permittee shall submit for
				approval a notice of intention to that effect. The notice must include the
				exact number of acres [hectares] which will have been affected prior to
				cessation, the extent and kind of reclamation of those areas which will have
				been accomplished, and identify the backfilling, regrading, revegetation,
				environmental monitoring, and water treatment activities that will continue
				during the cessation.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-11 - Performance standards - General requirements -Cessation of operations - Permanent

Current through Supplement No. 393, July, 2024
The permittee shall:
1. Close, backfill, or otherwise permanently
				reclaim all affected areas where mining has permanently ceased in accordance
				with this article and the permit.
2. Remove equipment, structures, or other
				facilities not required for monitoring, unless approved by the commission as
				suitable for the postmining land use or environmental monitoring, and reclaim
				the affected land.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-12 - Performance standards - General requirements - Auger mining

Current through Supplement No. 393, July, 2024
The operator shall:
1. Conduct auger mining to maximize the
				utilization and conservation of coal or commercial leonardite.
2. Conduct augering operations to:
a. Prevent subsidence to the extent
				technologically and economically feasible by one of the following:
(1) Backfilling the auger holes to assure the
				long-term stability of the site.
(2) Utilizing known technology to assure the
				long-term structural stability of the augered area; or
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-13 - Performance Standards - General Requirements › Section 69-05.2-13-13 - Performance standards - General requirements - Coal preparation plants not located within the permit area of a mine

Current through Supplement No. 393, July, 2024
Each person who operates a coal preparation plant in
				  connection with a coal or commercial leonardite mine but outside the permit
				  area for a specific mine shall obtain a permit in accordance with section
				  69-05.2-09-19, obtain a bond in
				  accordance with 69-05.2-12, and comply with the following:
1. Signs and markers for coal preparation
				plants, coal processing waste disposal areas, and water treatment facilities
				must comply with section
				69-05.2-13-04.
2. Stream channel diversions must comply with
				section 69-05.2-16-07.
3. Drainage from any disturbed areas related
				to coal preparation plants must comply with 69-05.2-16.
4. Permanent impoundments associated with
				coal preparation plants must comply with section
				69-05.2-16-12. Dams constructed of
				or impounding coal processing waste must comply with 69-05.2-20.
5. Disposal of coal processing waste, noncoal
				mine waste, and excess spoil must comply with 69-05.2-19 and 69-05.2-18,
				respectively.
6. Fish, wildlife,
				and related environmental values must be protected in accordance with section
				69-05.2-13-08.
7. Support facilities related to coal
				preparation plants must comply with section
				69-05.2-24-09.
8. Roads associated with coal preparation
				plants must comply with 69-05.2-24.
9. Cessation of operations must be in
				accordance with sections
				69-05.2-13-10 and
				69-05.2-13-11.
10. Erosion and attendant air pollution must
				be controlled in accordance with sections
				69-05.2-15-06 and
				69-05.2-13-07,
				respectively.
11. Underground mine
				areas must be avoided in accordance with section
				69-05.2-13-06.
12. Reclamation must follow proper suitable
				plant growth material handling, backfilling and grading, revegetation, and
				postmining land use procedures in accordance with 69-05.2-15, 69-05.2-21,
				69-05.2-22, and 69-05.2-23, respectively.
General Authority:
NDCC
					 38-14.1-03
Law Implemented:
NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-14 - Performance Standards - Casing and Sealing of Drilled Holes › Section 69-05.2-14-01 - Performance standards - Casing and sealing of drilled holes - General requirements

Current through Supplement No. 393, July, 2024
The operator shall case, seal, or otherwise manage each
				  drill hole, borehole, or well within the permit area to prevent toxic drainage
				  from entering ground or surface waters, minimize disturbance to the prevailing
				  hydrologic balance, and ensure the safety of people, livestock, fish and
				  wildlife, and machinery in the permit and adjacent areas. Unless approved for
				  monitoring, the operator shall permanently close or otherwise acceptably manage
				  openings uncovered or exposed by mining activities. Use of a drilled hole or
				  borehole or monitoring well as a water well must meet the provisions of section
				  69-05.2-16-16. This section does
				  not apply to holes drilled and used solely for blasting.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-14 - Performance Standards - Casing and Sealing of Drilled Holes › Section 69-05.2-14-02 - Performance standards - Casing and sealing of drilled holes - Temporary

Current through Supplement No. 393, July, 2024
Each drill hole or borehole identified in the approved
				  permit application to be used to monitor ground water conditions shall be
				  temporarily sealed before use and protected during use by barricades, or
				  fences, or other protective devices approved by the commission. These devices
				  must be periodically inspected and maintained in good operating condition by
				  the permittee or operator.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-14 - Performance Standards - Casing and Sealing of Drilled Holes › Section 69-05.2-14-03 - Performance standards - Casing and sealing of drilled holes - Permanent

Current through Supplement No. 393, July, 2024
When no longer needed for monitoring or other use approved
				  by the commission upon a finding of no adverse environmental or health and
				  safety effect, the operator shall permanently close drill holes and boreholes
				  to prevent toxic drainage from entering ground or surface waters.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-15 - Performance Standards - Suitable Plant Growth Material › Section 69-05.2-15-02 - Performance standards - Suitable plant growth material - Removal

Current through Supplement No. 393, July, 2024
1. Timing. Suitable
				plant growth material must be removed after vegetative cover that would
				interfere with its use is cleared from the areas to be disturbed. To prevent
				suitable plant growth materials from becoming contaminated by other materials,
				all suitable plant growth materials to be saved must be separately removed and
				segregated as required by subsection 2 prior to any further surface
				disturbance.
2. Materials to be
				removed and saved.
a. The suitable plant
				growth materials, commonly referred to as topsoil (first lift suitable plant
				growth material) and subsoil (second lift suitable plant growth material) as
				identified by the soil survey required by section
				69-05.2-08-10 must be removed and
				segregated in two separate operations, unless otherwise approved by the
				commission. The topsoil removal operation for an area must be completed before
				subsoil removal begins or before any other disturbances occur in that area. If
				use of other suitable strata is approved as a supplement to suitable plant
				growth material, all such materials to be saved must be removed and segregated.
				Further disturbances which significantly alter an area must not begin until the
				subsoil and other suitable strata removal operations for that area have been
				completed and approved by the commission. However, the commission may waive the
				approval of subsoil removal operations if the operator demonstrates, in a
				detailed soil removal plan, surplus subsoil is available and that subsoil to be
				removed has good and relatively uniform characteristics. A request for such a
				waiver must be included as part of a detailed soil removal plan or permit
				revision application that contains the necessary information.
b.
(1) All
				topsoil must be removed from all areas to be disturbed, except in situations as
				provided by subsection 4.
(2)
				Sufficient subsoil must be removed from all areas to be disturbed to satisfy
				the redistribution requirements of subsection 4 of section
				69-05.2-15-04.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-15 - Performance Standards - Suitable Plant Growth Material › Section 69-05.2-15-03 - Performance standards - Suitable plant growth material - Storage and protection

Current through Supplement No. 393, July, 2024
1.
				Suitable plant growth materials removed as required by section
				69-05.2-15-02 must be stockpiled
				only when it is impractical to promptly redistribute such materials on regraded
				areas.
2. Suitable plant growth
				material to be stockpiled must be selectively placed on a stable area within
				the permit area in such a manner that minimizes any loss or deterioration of
				such material. The stockpiled materials must be protected from wind and water
				erosion, unnecessary compaction, and contaminants which lessen the capability
				of the materials to support vegetation. During the first normal period for
				favorable planting after stockpile placement, an effective cover of
				quick-growing nonnoxious plants must be established on the stockpiles. However,
				as an alternative to the establishment of a protective vegetative cover, the
				stockpiles may be mulched or otherwise protected using methods approved by the
				commission.
3. Unless approved by
				the commission, stockpiled suitable plant growth materials may not be moved
				until required for redistribution on a regraded area.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-15 - Performance Standards - Suitable Plant Growth Material › Section 69-05.2-15-04 - Performance standards - Suitable plant growth material -Redistribution

Current through Supplement No. 393, July, 2024
1. After final
				grading is approved under section
				69-05.2-21-06 and before the
				suitable plant growth material is replaced, regraded land must be scarified or
				otherwise treated, if necessary, to eliminate slippage surfaces or to promote
				root penetration.
2. Subsoil must
				then be redistributed as approved by the commission in a manner that:
a. Achieves an approximate uniform thickness
				consistent with the postmining land use and meets the requirements of
				subsection 4.
b. Prevents excess
				compaction of the spoil and subsoil.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-15 - Performance Standards - Suitable Plant Growth Material › Section 69-05.2-15-05 - Performance standards - Suitable plant growth material - Nutrients and soil amendments

Current through Supplement No. 393, July, 2024
The operator shall apply necessary nutrients and soil
				  amendments to the redistributed surface soil layer. Soil tests to identify
				  nutrients, amendments, and rates must be performed by a qualified laboratory
				  using standard methods.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-15 - Performance Standards - Suitable Plant Growth Material › Section 69-05.2-15-06 - Performance standards - Suitable plant growth material - Stabilizing rills and gullies

Current through Supplement No. 393, July, 2024
When rills and gullies deeper than nine inches [22.86
				  centimeters] form in areas that have been regraded and respread with suitable
				  plant growth material, the operator shall fill, grade, or otherwise stabilize
				  the rills and gullies and reseed or replant the area. The commission will
				  require rills or gullies of lesser size to be filled, graded, or otherwise
				  stabilized and the area reseeded or replanted if the rills or gullies would
				  preclude the successful establishment of vegetation or the achievement of the
				  postmining land use or if the rills or gullies may result in additional erosion
				  and sedimentation.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-16 - Performance Standards - Hydrologic Balance - General Requirements › Section 69-05.2-16-01 - Performance standards - Hydrologic balance - General requirements

Current through Supplement No. 393, July, 2024
1. The operator
				shall conduct surface coal mining and reclamation operations to:
a. Minimize disturbance of the hydrologic
				balance within the permit and adjacent areas and prevent material damage
				outside the permit area.
b.
				Minimize changes in water quality and quantity in the depth to ground water,
				and in the location of surface water drainage channels so that the approved
				postmining land use of the permit area is not adversely affected.
c. Minimize water pollution and, where
				necessary, use treatment methods to control water pollution.
(1) Emphasize mining and reclamation
				practices that prevent or minimize water pollution. The operator shall use
				changes in drainage flow in preference to water treatment facilities.
(2) Acceptable practices to
				control and minimize water pollution include:
(a) Stabilizing disturbed areas through land
				shaping.
(b) Diverting runoff.
(c) Achieving quickly germinating
				and growing stands of temporary vegetation.
(d) Regulating channel velocity.
(e) Lining drainage channels with rock or
				vegetation,
(f)Mulching.
(g) Selectively placing and sealing
				toxic-forming materials.
(h)
				Selectively placing waste materials in backfill areas.
(3) If the practices listed in paragraph 2
				are not adequate, the operator shall operate and maintain the necessary water
				treatment facilities for as long as treatment is required.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-16 - Performance Standards - Hydrologic Balance - General Requirements › Section 69-05.2-16-02 - Performance standards - Hydrologic balance -Compliance with state department of health standards

Current through Supplement No. 393, July, 2024
Runoff water and pit water discharge must meet the water
				  quality requirements of the North Dakota state department of health, as well as
				  those of this article. The commission will not issue or revise a mining permit
				  until the state department of health has had an opportunity to review the
				  applicable information and plans. No rights under the mining permit shall be
				  exercised until the necessary state department of health permits are obtained.
General Authority: NDCC
					 38-14.1-03,
					 38-14.1-42
Law Implemented: NDCC
					 38-14.1-21,
					 38-14.1-42
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-16 - Performance Standards - Hydrologic Balance - General Requirements › Section 69-05.2-16-03 - Performance standards - Hydrologic balance -Compliance with the requirements of the state engineer and water resource district

Current through Supplement No. 393, July, 2024
Any water impoundment, diversion, structure, or drainage
				  ditch built as part of an approved mining and reclamation plan must be
				  constructed to meet the requirements of the North Dakota state engineer and the
				  appropriate water resource district, as well as those of this article. The
				  commission will not issue or revise a mining permit until the state engineer
				  and the water resource district have had an opportunity to review the
				  applicable information and plans. No rights under the mining permit shall be
				  exercised until the necessary state engineer and water resource district
				  permits are obtained.
General Authority: NDCC
					 38-14.1-03,
					 38-14.1-42
Law Implemented: NDCC
					 38-14.1-24,
					 38-14.1-42