reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-11 - Permit applications - Permit area - Use of other suitable strata

Current through Supplement No. 393, July, 2024
Where the applicant proposes to use other suitable strata as
				  a supplement for suitable plant growth materials or where the commission
				  determines that it is necessary to meet the revegetation requirements, the
				  application must indicate the areal extent of other suitable strata within the
				  proposed permit area and must, on a sampling density determined by the
				  commission in consultation with the applicant, provide results of the analyses,
				  trials, and tests required under subsection 5 of section
				  69-05.2-15-02.
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Information on Environmental Resources › Section 69-05.2-08-12 - Permit applications - Permit area Topographic data [Repealed]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 69-05.2-08-13 - Permit applications - Permit area - Alluvial valley floor determination

Current through Supplement No. 393, July, 2024
1. Before
				applying for a permit to conduct operations within a valley holding a stream or
				in a location where the adjacent area includes any stream, the applicant shall
				either affirmatively demonstrate, based on available data, the presence of an
				alluvial valley floor, or submit the results of a field investigation of the
				permit and adjacent areas. The investigations must include sufficiently
				detailed geologic, hydrologic, land use, soils, and vegetation studies on areas
				required to be investigated by the commission, after consultation with the
				applicant, to enable the commission to make an evaluation regarding the
				existence of the probable alluvial valley floor in the permit or adjacent area
				and to determine which areas, if any, require more detailed study in order to
				make a final determination regarding the existence of an alluvial valley floor.
				Studies performed during the investigation by the applicant or subsequent
				studies required of the applicant must include an appropriate combination,
				adapted to site-specific conditions, of:
a.
				Mapping of the probable alluvial valley floor including geologic maps of
				unconsolidated deposits, delineating the streamlaid deposits, maps of streams,
				delineation of surface watersheds and directions of shallow ground water flows
				through and into the unconsolidated deposits, topography showing local and
				regional terrace levels, and topography of terraces, floodplains, and channels
				showing surface drainage patterns.
b. Mapping of all lands included in the area
				used for agricultural activities, showing the different types of agricultural
				lands and accompanied by measurements of vegetation productivity and type.
c. Topographic maps of all lands
				that are or were historically flood-irrigated, showing the location of each
				diversion structure, ditch, dam, and related reservoir.
d. Documentation that areas identified in
				this section are, or are not, subirrigated, based on ground water monitoring
				data, representative water quality, soil moisture measurements, and
				measurements of rooting depth, soil mottling, and water requirements of
				vegetation.
e. Documentation,
				based on representative sampling, that areas identified under this subdivision
				are, or are not, flood irrigable, based on streamflow, water quality, water
				yield, soils measurements, and topographic characteristics.
f. Analysis of a series of aerial
				photographs, including color infrared imagery capable of showing any late
				summer and fall differences between upland and valley floor vegetative growth
				and of a scale adequate for reconnaissance identification of areas that may be
				alluvial valley floors.
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 69-05.2-08-14 - Permit applications - Permit area - Alluvial valley floor resources

Current through Supplement No. 393, July, 2024
1. If land within
				the permit or adjacent area is identified as an alluvial valley floor and
				mining may affect it or waters that supply alluvial valley floors, the
				applicant shall submit a complete description of the alluvial valley floor
				resources and characteristics that allow the commission to determine:
a. The characteristics necessary to preserve
				essential hydrologic functions during and after mining.
b. The significance of the area to
				agricultural activities.
c.
				Whether the operation will cause, or presents an unacceptable risk of causing,
				material damage to the quantity or quality of surface or ground waters that
				supply the alluvial valley floor.
d. The effectiveness of proposed reclamation
				under North Dakota Century Code chapter 38-14.1 and this article.
e. Specific environmental monitoring required
				to measure compliance with chapter 69-05.2-25 during and after mining and
				reclamation operations.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-08 - Permit Applications - Permit Area - Requirements for Information on Environmental Resources › Section 69-05.2-08-15 - Permit applications - Permit area - Fish and wildlife resources

Current through Supplement No. 393, July, 2024
Each application must include fish and wildlife resource
				  information for the permit and adjacent area.
1. The applicant shall submit for commission
				approval a study plan for acquiring fish and wildlife information which must
				include the scope of work, level of detail, and timetable for completing fish
				and wildlife inventories. The commission, in consultation with the state and
				federal agencies responsible for fish and wildlife, will ensure that the study
				plan is sufficient to design the protection and enhancement plan required in
				section 69-05.2-09-17.
2. The study report must be included in the
				application and fish and wildlife habitats must be delineated on 1:4,800 scale
				aerial photographs.
3.
				Site-specific resource information necessary to address the respective species
				or habitats is required when the permit or adjacent area is likely to include:
a. Listed or proposed endangered or
				threatened plant or animal species or their critical habitats listed by the
				secretary of the United States department of the interior under the Endangered
				Species Act of 1973, as amended [
				16 U.S.C.
				1531 et seq.];
b. Habitats of unusually high value for fish
				and wildlife such as important streams, wetlands, riparian areas, cliffs
				supporting raptors, areas offering special shelter or protection, migration
				routes, or reproduction and wintering areas; or
c. Other species or habitats identified
				through agency consultation as requiring special protection under state or
				federal law.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-01 - Permit applications - Operation plans - General requirements

Current through Supplement No. 393, July, 2024
Each application must contain a detailed description of the
				  proposed mining operations, including:
1. A narrative of mining procedures and
				engineering techniques, anticipated annual and total coal or commercial
				leonardite production, and major equipment.
2. A plan stating the anticipated or actual starting and
				termination date of each phase of mining activities and the amount of land to
				be affected for each phase over the life of the permit.
3. A narrative for each operations plan
				explaining the plan in detail and the construction, modification, use, and
				maintenance of each mine facility, water and air pollution control facilities
				or structures, transportation and coal or commercial leonardite handling
				facilities, and other structures required for implementing the plans.
4. A plan for each support facility to be
				constructed, used, or maintained within the permit area, including maps,
				appropriate cross sections, design drawings, and specifications of each
				facility sufficient to demonstrate compliance with section
				69-05.2-24-08 or
				69-05.2-24-09 as
				applicable.
5. If coal or
				commercial leonardite removal areas are proposed within five hundred feet
				[152.40 meters] of any farm building, the applicant must provide documentation
				showing compliance or plans to comply with North Dakota Century Code section
				38-18-07.
General Authority:
NDCC
					 38-14.1-03
Law Implemented:
NDCC
					 38-14.1-14,
					 38-18-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-03 - Permit applications - Operation plans Existing structures

Current through Supplement No. 393, July, 2024
1. Each application
				must contain a description of each existing structure in the proposed permit or
				adjacent permit areas used to support the surface coal mining and reclamation
				operation. The description must include:
a.
				Location.
b. Current condition.
c. Approximate beginning and
				ending construction dates.
d. A
				showing, including relevant monitoring data or other evidence, whether the
				structure meets the performance standards and design requirements of this
				article and North Dakota Century Code section
				38-14.1-24.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-04 - Permit applications - Operation plans - Blasting

Current through Supplement No. 393, July, 2024
Each application must contain a blasting plan explaining how
				  the applicant intends to comply with chapter 69-05.2-17 and subsection 4 of
				  North Dakota Century Code section
				  38-14.1-14 and including:
1. Types and approximate amounts of
				explosives for each type of blasting operation. The plan must identify the
				maximum amount of explosives to be detonated within any eight millisecond
				period and the maximum allowable limit on ground vibration for all structures
				not listed in subsection 7 of section
				69-05.2-17-05.
2. Procedures and plans for recording and
				retaining information on:
a. Drilling
				patterns, including size, number, depths, and spacing of holes.
b. Charge and packing of holes.
c. Types of fuses and detonation controls.
d. Sequence and timing of firing
				holes.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-05 - Permit applications - Operation plans - Air pollution control

Current through Supplement No. 393, July, 2024
The applicant shall specify the measures to comply with the
				  air pollution control requirements of the state department of health and any
				  other measures necessary to effectively control wind erosion and attendant air
				  pollution.
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 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-06 - Permit applications - Operation plans - Transportation facilities

Current through Supplement No. 393, July, 2024
1. Each application
				must contain a detailed description of each road, conveyor, or rail system to
				be constructed, used, or maintained. Appropriate maps, descriptions, profiles,
				and cross sections must be included to show:
a. Locations.
b. Specifications for each road width,
				gradient, surfacing material, cut, fill embankment, culvert, bridge, drainage
				ditch, low-water crossing, and drainage structure.
c. Plans for stabilizing road cut and fill
				embankments, ditches, drains, and other side slopes.
d. Specifications for each road to be located
				in the channel of an intermittent or perennial stream under subsection 4 of
				section 69-05.2-24-01.
e. Specifications for each ford of
				intermittent or perennial streams to be used as a temporary route under
				subsection 4 of section
				69-05.2-24-03.
f. Measures to obtain commission approval for
				altering or relocating a natural drainageway under subdivision e of subsection
				5 of section
				69-05.2-24-03.
g. Specifications for each low-water crossing
				of intermittent or perennial streams to provide maximum protection of the
				stream under subdivision f of subsection 5 of section
				69-05.2-24-03.
h. Plans to remove and reclaim each road not
				retained under the proposed postmining land use, and a schedule for removal and
				reclamation.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-07 - Permit applications - Operation plans - Relocation or use of public roads

Current through Supplement No. 393, July, 2024
Each application must describe, with appropriate maps and
				  cross sections, measures to ensure the interests of landowners and the public
				  are protected if the applicant plans to:
1. Conduct surface mining activities within
				one hundred feet [30.48 meters] of the right-of-way line of any public road,
				except where mine access or haul roads join that right of way; or
2. Relocate a public road.
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 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-08 - Permit applications - Operation plans - Protection of public parks

Current through Supplement No. 393, July, 2024
For public parks or places listed on the national register
				  of historic places that may be adversely affected by the proposed operations,
				  each plan must describe the measures to be used:
1. To prevent adverse impacts; or
2. If valid existing rights exist or joint
				agency approval is to be obtained under section
				69-05.2-04-01, to minimize adverse
				impacts.
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 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-09 - Permit applications - Operation plans - Surface water management - Ponds, impoundments, banks, dams, embankments, and diversions

Current through Supplement No. 393, July, 2024
1. Each application
				must include a surface water management plan describing each water management
				structure intended to meet the requirements of chapter 69-05.2-16. Each plan
				must:
a. Identify and show on a map of
				appropriate scale the locations of proposed ponds, impoundments, and
				diversions, whether temporary or permanent, and include:
(1) Each watershed boundary within the permit
				and adjacent areas.
(2) Proposed
				disturbance boundaries within each watershed and the area of each
				watershed.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-10 - Permit applications - Operation plans - Surface mining near underground mining

Current through Supplement No. 393, July, 2024
The application must contain a description of measures
				  needed to comply with section
				  69-05.2-13-06 if mining activities
				  will occur within five hundred feet [152.04 meters] of an underground mine.
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 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-11 - Permit applications - Reclamation plans - General requirements

Current through Supplement No. 393, July, 2024
Each application must contain a reclamation plan for
				  affected lands, showing how the applicant will comply with chapters 69-05.2-13
				  through 69-05.2-26. The plan must, at a minimum, include:
1. A discussion of how the scheduling of each
				reclamation phase meets the requirements for contemporaneous reclamation in
				subsection 14 of North Dakota Century Code section
				38-14.1-24 and section
				69-05.2-21-01.
2. A detailed reclamation cost estimate and
				supporting calculations.
3.
				Postmining topographic and area slope maps drawn to the specifications in
				subsection 3 of section
				69-05.2-08-02, and a plan for
				backfilling, soil stabilization, compacting, and grading. The plan must provide
				cross sections and volumetric calculations or other information to show the
				final topography can be achieved.
4. A plan for the removal, reshaping, and
				final reclamation of each facility identified and discussed in this chapter.
5. A plan for the removal,
				storage, and redistribution of suitable plant growth material and other
				suitable strata to meet the requirements of 69-05.2-15. This plan must provide
				the volumes, by ownership, of topsoil and subsoil available in all areas to be
				disturbed. These volumes must be determined from the soil survey required by
				section 69-05.2-08-10.
6. A revegetation plan to meet the
				requirements of 69-05.2-22. The plan must include:
a. A revegetation schedule.
b. Seed and seedling species and amounts per
				acre [0.40 hectare].
c. Planting
				and seeding methods.
d. Mulching
				techniques.
e. Irrigation, if
				appropriate, and any pest and disease control measures.
f. General management plans until final bond
				release.
g. Methods to determine
				the success of revegetation required in section
				69-05.2-22-07.
h. A soil testing plan for evaluating the
				results of suitable plant growth material handling and reclamation procedures
				related to revegetation.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-12 - Permit applications - Operation and reclamation plans - Surface and ground water monitoring for protection of the hydrologic balance

Current through Supplement No. 393, July, 2024
1. The description
				required by subdivision i of subsection 2 of North Dakota Century Code section
				38-14.1-14 must cover the proposed
				permit, and adjacent areas and include:
a.
				Appropriate maps and technical drawings.
b. A discussion of the control of surface and
				ground water drainage into, through, and out of the permit area under the
				surface water management requirements of section
				69-05.2-09-09 and its relation to
				the monitoring requirements of this section.
c. A plan for the treatment, where required,
				of surface and ground water drainage from the disturbed area, and proposed
				quantitative limits on pollutants in discharges subject to section
				69-05.2-16-04, according to the
				more stringent of:
(1) North Dakota Century
				Code section
				38-14.1-24 and this article; or
(2) Other applicable state laws.
d. A plan for restoring
				the approximate recharge capacity of the permit area required in section
				69-05.2-16-15.
e. A plan, based on the probable hydrologic
				consequences (PHC) determination, for the collection, recording, and reporting
				of ground and surface water quality and quantity data, according to sections
				69-05.2-16-05,
				69-05.2-16-13, and
				69-05.2-16-14.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-13 - Permit applications - Reclamation plans - Postmining land use

Current through Supplement No. 393, July, 2024
1. Each reclamation
				plan must contain a postmining land use map and detailed description of the
				postmining land use explaining:
a. How the
				postmining land use will be achieved and the support activities needed.
b. The detailed management plan
				for native grassland or tame pastureland during the liability period including
				any plans for livestock grazing prior to final bond release.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-14 - Permit applications - Reclamation plans - Disposal of initial pit spoil and other excess spoil

Current through Supplement No. 393, July, 2024
1. Each
				application must contain descriptions, maps, and cross-section drawings of the
				disposal site and spoil disposal area design according to chapter 69-05.2-18.
				These plans must describe the geotechnical investigation, design, construction,
				operation, maintenance, and removal, if appropriate, of the site and
				structures.
2. Each application
				must contain the results of a geotechnical investigation of the disposal site
				including:
a. The character of bedrock and
				any adverse geologic conditions in the disposal area.
b. Springs, seepage, and ground water flow
				observed or anticipated in the disposal site during wet periods.
c. The potential effects of subsidence of the
				subsurface strata due to past and future mining operations.
d. A stability analysis including strength
				parameters, pore pressures, and long-term seepage conditions, and a description
				of all engineering design assumptions, calculations and alternatives considered
				in selecting the design specifications and methods. The commission may waive
				the stability analysis after analyzing the results of the geotechnical
				investigation if:
(1) No adverse geologic
				conditions exist in the disposal area.
(2) There are no springs, and there is no
				seepage or ground water flow in the disposal site area.
(3) There is no potential for subsidence of
				subsurface strata due to past and future mining operations.
(4) The slope of the disposal area does not
				exceed twenty percent.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-15 - Permit applications - Operation and reclamation plans - Prime farmlands

Current through Supplement No. 393, July, 2024
If appropriate, the applicant shall submit a mining and
				  restoration plan for prime farmland containing:
1. The cooperative soil survey that
				identified the prime farmland, soil mapping units, and representative soil
				profile descriptions. The plan must include soil horizon depths, pH, and range
				of soil densities for each prime farmland soil mapping unit.
2. The method and equipment for removing,
				storing, and respreading suitable plant growth materials.
3. Locations for separate stockpiling and
				plans for soil stabilization before redistribution.
4. The postmining topographic map showing the
				prime farmland respread areas.
5.
				Applicable documentation that supports the use of other suitable strata,
				instead of the A, B, or C soil horizon, to obtain equivalent or higher levels
				of productivity as nonmined prime farmlands in the surrounding area under
				equivalent management levels.
6.
				Plans for seeding or cropping the area and conservation practices. Proper
				adjustments for seasons must be proposed so that final graded land is not
				exposed to erosion when vegetation or conservation practices cannot be
				established or implemented.
7.
				Available agricultural school studies or other scientific data for areas with
				comparable soils, climate, and management (including water management) that
				affirmatively demonstrate achievement of postmining productivity equal to or
				greater than premining productivity.
8. If a reclaimed cropland tract will contain
				a mixture of prime and nonprime farmlands and commission approval of a single
				yield standard for the entire tract is requested as allowed by subdivision I of
				subsection 4 of section
				69-05.2-22-07, a detailed
				description and comparison of the soil mapping units and acreages occurring in
				the prime and nonprime parcels must be provided. The comparison must include
				the appropriate yield calculations for the prime and nonprime parcels as well
				as the single yield standard that is proposed.
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 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-16 - Permit applications - Operation and reclamation plans -Alluvial valley floors

Current through Supplement No. 393, July, 2024
Each application must contain operation and reclamation
				  plans for lands in the permit or adjacent area identified as an alluvial valley
				  floor. The plan must describe the mining and reclamation procedures that will
				  protect or restore the alluvial valley floor characteristics or essential
				  hydrologic functions identified in section
				  69-05.2-08-14 and meet the
				  performance standards of 69-05.2-25. The applicant shall submit an alluvial
				  valley floor monitoring program under section
				  69-05.2-25-03 designed to collect
				  sufficient information to demonstrate compliance with the approved plans.
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 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-17 - Permit applications - Operation and reclamation plans -Fish and wildlife resources protection and enhancement plan

Current through Supplement No. 393, July, 2024
1. Each application must include a plan of
				how, to the extent possible using the best technology currently available, the
				operator will minimize disturbances and adverse impacts on fish and wildlife
				and related environmental values, including compliance with the Endangered
				Species Act, during surface coal mining and reclamation operations. and how
				enhancement of these resources will be achieved where practicable. The plan
				must:
a. Be consistent with the requirements
				of section
				69-05.2-13-08.
b. Apply, at a minimum, to species and
				habitats identified under section
				69-05.2-08-15.
c. Include protective measures that will be
				used during active mining. The measures may include establishment of buffer
				zones, selective location and special design of haul roads and powerlines, and
				monitoring of surface water quality and quantity.
d. Include enhancement measures that will be
				used during the reclamation phase to develop aquatic and terrestrial habitat.
				The measures may include restoration of streams and other wetlands, retention
				of ponds and impoundments, establishment of vegetation for wildlife food and
				cover, and replacement of perches and nest boxes. If the plan does not include
				enhancement measures, a statement must be given explaining why enhancement is
				not practicable.
e. Include
				monitoring of selected indicator species to assess surface mining effects on
				fish and wildlife resources. The applicant shall consult with the commission
				and state game and fish department before selecting the indicator species.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-18 - Permit applications - Operations and reclamation plans - Auger mining

Current through Supplement No. 393, July, 2024
If applicable, the applicant shall submit a plan explaining
				  how the applicant intends to comply with section
				  69-05.2-13-12 and subsection 1.1
				  of North Dakota Century Code section
				  38-14.1-24. This plan must
				  contain:
1. A description of the
				augering methods.
2. A map showing
				where augering operations will be conducted.
3. A description of how the applicant intends
				to ensure the long-term stability of the augered area. This description should
				contain specific engineering designs ensuring that:
a. Material backfilled into the holes can be
				compacted to provide sufficient strength to prevent subsidence;
b. The coal or commercial leonardite
				remaining between the auger holes and the overlying overburden is sufficiently
				strong to prevent subsidence; or
c.
				The auger mined area can be collapsed in a controlled manner through the use of
				explosive or other techniques to eliminate future subsidence.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-09 - Permit Applications - Permit Area - Requirements for Operation and Reclamation Plans › Section 69-05.2-09-19 - Permit applications - Operations and reclamation plans - Coal preparation plants not located within the permit area of a mine

Current through Supplement No. 393, July, 2024
1. This section applies to any person who
				operates or intends to operate a coal preparation plant in connection with a
				coal or commercial leonardite mine but outside the permit area for a specific
				mine. A permit to operate must be obtained from the commission.
2. In addition to meeting the applicable
				provisions of chapters 69-05.2-05, 69-05.2-06, 69-05.2-07, 69-05.2-08, and this
				chapter, any application for a permit for operations covered by this section
				must contain an operation and reclamation plan for the construction, operation,
				maintenance, modification, and removal of the preparation plant and associated
				support facilities. The plan must demonstrate that those operations will be
				conducted in compliance with section
				69-05.2-13-13.
3. No permit will be issued for any operation
				covered by this section unless the commission finds in writing that, in
				addition to meeting all other applicable requirements of this article, the
				operations will be conducted according to the requirements of section
				69-05.2-13-13.
General Authority:
NDCC
					 38-14.2-03
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 69-05.2-10 - Permit Applications - Review, Public Participation, and Approval or Disapproval › Section 69-05.2-10-01 - Permit applications - Public notices of filing and entering data into the applicant violator system

Current through Supplement No. 393, July, 2024
1. The
				advertisement required by North Dakota Century Code section
				38-14.1-18 must also include:
a. The applicant's name and business
				address.
b. A map or description
				which must:
(1) Clearly show or describe
				towns, rivers, streams, or other bodies of water, local landmarks, and any
				other information, including routes, streets, or roads and accurate distance
				measurements, necessary to allow local residents to readily identify the permit
				area.
(2) Clearly show or describe
				the exact location and boundaries of the permit area.
(3) Show the north point (if a
				map).
(4) State the name of each
				owner of record of surface rights and, if the applicant proposes to mine coal
				or commercial leonardite or conduct activities that may impact future coal or
				commercial leonardite recovery, the names of each owner of record of coal or
				commercial leonardite rights within the permit boundaries.
c. The address of the commission, to whom
				written comments, objections, or requests for informal conferences on the
				application may be submitted.
d. If
				an applicant seeks a permit to conduct operations within one hundred feet
				[30.48 meters] of the outside right of way of a public road or to relocate a
				public road, a concise statement describing the road, the particular part to be
				relocated, where the relocation is to occur, and its duration.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-10 - Permit Applications - Review, Public Participation, and Approval or Disapproval › Section 69-05.2-10-02 - Permit applications - Informal conferences

Current through Supplement No. 393, July, 2024
1. A
				request for an informal conference under subsection 5 of North Dakota Century
				Code section
				38-14.1-18 must be in writing and:
a. Briefly summarize the issues the requester
				will raise.
b. State whether the
				requester desires to have the conference in the locality of the
				operations.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-10 - Permit Applications - Review, Public Participation, and Approval or Disapproval › Section 69-05.2-10-03 - Permit applications - Criteria for permit approval or denial

Current through Supplement No. 393, July, 2024
1. The commission
				will not issue the permit if any surface coal mining and reclamation operation
				owned or controlled by either the applicant or by any person who owns or
				controls the applicant is currently in violation of any law or rule of this
				state, the Surface Mining Control and Reclamation Act of 1977 [ Pub. L. 95-87;
				91 Stat. 445; 30 U.S.C.
				1201 et seq.], or any law or rule in any
				state enacted under federal law or regulation pertaining to air or water
				environmental protection, incurred in connection with any surface coal mining
				and reclamation operation, or if any of the following are outstanding:
a. Delinquent civil penalties under North
				Dakota Century Code sections
				38-12.1-08 and
				38-14.1-32, the Surface Mining
				Control and Reclamation Act of 1977 [ Pub. L. 95-87; 91 Stat. 445;
				30 U.S.C.
				1201 et seq.], or any law or rule in any
				state enacted under federal law or regulation pertaining to air or water
				environmental protection, incurred in connection with any surface coal mining
				and reclamation operation.
b. Bond
				forfeitures where violations upon which the forfeitures were based have not
				been corrected.
c. Delinquent
				abandoned mine reclamation fees.
d.
				Unabated violations of federal and state laws, rules, and regulations
				pertaining to air or water environmental protection incurred in connection with
				any surface coal mining and reclamation operation.
e. Unresolved federal and state
				failure-to-abate cessation orders, f. Unresolved imminent harm cessation
				orders.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-10 - Permit Applications - Review, Public Participation, and Approval or Disapproval › Section 69-05.2-10-04 - Permit applications - Criteria for permit approval ordenial - Existing structures

Current through Supplement No. 393, July, 2024
1. No application which proposes to use an
				existing structure will be approved, unless the applicant demonstrates and the
				commission finds in writing that:
a. If the
				applicant proposes to use an existing structure under the exemption provided in
				subsection 4 of section
				69-05.2-09-03:
(1) The structure meets the performance
				standards of North Dakota Century Code chapter 38-14.1 and this
				article.
(2) There will be no
				significant harm to the environment or public health or safety.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-10 - Permit Applications - Review, Public Participation, and Approval or Disapproval › Section 69-05.2-10-05 - Permit applications - Approval or denial actions

Current through Supplement No. 393, July, 2024
The commission will approve, require modification of, or deny
				  all applications for permits according to the following:
1. The commission will not approve or
				disapprove a permit application prior to the expiration of the thirty-day
				period for requesting an informal conference or the filing of written comments
				or objections following the last publication of the public notice required by
				North Dakota Century Code section
				38-14.1-18.
2. If no informal conference has been held
				under North Dakota Century Code section
				38-14.1-19, the commission will
				approve, require modification of, or deny all permit applications within the
				review period specified in section
				69-05.2-05-01.
3. If an application is approved, the permit
				will contain the following conditions:
a. The
				permittee shall minimize adverse impacts to the environment or public health
				and safety resulting from noncompliance with any term or condition, including:
(1) Accelerated or additional monitoring
				necessary to determine the nature and extent of noncompliance and the results
				of the noncompliance.
(2) Immediate
				implementation of compliance measures.
(3) Warning, as soon as possible after
				learning of noncompliance, any person whose health and safety is in imminent
				danger.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-10 - Permit Applications - Review, Public Participation, and Approval or Disapproval › Section 69-05.2-10-06 - Permit applications - Permit approval for surface disturbances over federal mineral estates

Current through Supplement No. 393, July, 2024
The commission may approve and issue permits, revisions, and
				  renewals for operations on lands where the surface estate is nonfederal and the
				  mineral estate is federal, if:
1. The
				proposed surface disturbances support operations on adjacent nonfederal
				lands.
2. The commission consults
				with the office of surface mining reclamation and enforcement, to ensure that
				actions are not taken which would substantially and adversely affect the
				federal mineral estate.
General Authority:
NDCC
					 38-14.1-03
Law Implemented:
NDCC
					 38-14.1-21.
					 38-14.1-22.
					 38-14.1-23
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-10 - Permit Applications - Review, Public Participation, and Approval or Disapproval › Section 69-05.2-10-07 - Permit applications - Challenges to ownership or control listings and findings

Current through Supplement No. 393, July, 2024
1. A person may challenge a listing or
				finding of ownership or control usingthe procedures detailed below if that
				person is:
a. Listed in a permit application
				or in AVS as an owner or controllerof an entire surface coal mining operation,
				or any portion or aspectthereof;
b.
				Found to be an owner or controller of an entire surface coalmining operation,
				or any portion or aspect thereof, under section
				69-05.2-10-08 or
				69-05.2-32-01: or
c. An applicant or permittee affected by an
				ownership and controllisting or finding.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-10 - Permit Applications - Review, Public Participation, and Approval or Disapproval › Section 69-05.2-10-08 - Permit applications - Commission actions related to ownership and control information after permit issuance

Current through Supplement No. 393, July, 2024
1. For the purposes
				of future permit eligibility determinations and enforcement actions, the
				commission will enter the following data into AVS:
a. Permit records will be entered within
				thirty days after issuing a permit or subsequent changes.
b. Unabated or uncorrected violations will be
				entered within thirty days after the abatement period expires for any
				violation.
c. Any changes to the
				information required under section
				69-05.2-06-01 will be entered
				within thirty days after receiving notice of a change.
d. A change in status of violations listed in
				AVS will be entered within thirty days after abatement, correction, or
				termination of a violation, or an administrative or judicial decision affecting
				a violation.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-10 - Permit Applications - Review, Public Participation, and Approval or Disapproval › Section 69-05.2-10-09 - Permit applications - Ownership and control requirements for permittees after permit issuance

Current through Supplement No. 393, July, 2024
1. Within thirty
				days of being issued a cessation order under subdivision b of subsection 1 of
				North Dakota Century Code section
				38-14.1-28, the permittee must
				provide or update all the information required under section
				69-05.2-06-01.
2. A permittee does not have to submit
				information under subsection 1 if a court of competent jurisdiction grants a
				stay of the cessation order and the stay remains in effect.
3. Within sixty days of any addition,
				departure, or change in position of any person identified in subdivision e of
				subsection 1 of section
				69-05.2-06-01, the permittee must
				provide:
a. The date of any departure;
				and
b. The following for that
				person;
1. The person's name, address, and
				phone number.
2. The person's
				position title and relationship to the permittee, including percentage of
				ownership and location in the organizational structure.
3. The date the person began functioning in
				that position.
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 69-05.2-11-01 - Review of approved permits

Current through Supplement No. 393, July, 2024
1.
				The commission will review each permit at midterm or every five years,
				whichever is more frequent.
2.
				After permit review, the commission may require reasonable revision or
				modification to ensure compliance with North Dakota Century Code chapter
				38-14.1 and this article.
3.
				Copies of the commission's decision will be sent to the permittee.
4. Any required permit revision or
				modification is subject to review under North Dakota Century Code sections
				38-14.1-30 and
				38-14.1-35.
5. The commission will review under chapter
				69-05.2-32 any permit it has reason to believe was improvidently issued.
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 69-05.2-11 - Permit Reviews, Revisions, and Renewals - Transfer, Sale, or Assignment of Rights Granted under Permits › Section 69-05.2-11-02 - Permit revisions

Current through Supplement No. 393, July, 2024
1. A permit
				revision is required:
a. For changes from
				mining or reclamation methods approved in the permit.
b. For new operations not specified and
				approved in the existing permit.
c. When a new coal or commercial leonardite removal subarea of the
				existing permit area is proposed to be disturbed in accordance with the timing
				and sequence approved in the permit. The revision is considered a significant
				alteration to the mining and reclamation plan.
d. For acreage changes proposed to add or delete lands to or from
				an existing permit area under subsection 2 or 6.
e. When required under section
				69-05.2-11-01.
f. In order to continue operation after the
				cancellation or material reduction of the liability insurance policy,
				performance bond, or other equivalent guarantee upon which the original permit
				was issued.
g. When an extension
				is requested under subsection 3 of North Dakota Century Code section
				38-14.1-12. 2. A permittee may
				request additional acreage [hectarage] if the commission considers the addition
				an incidental boundary change to the original permit area. This acreage
				[hectarage] will have the same term as the original permit.