reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-16 - Performance Standards - Hydrologic Balance - General Requirements › Section 69-05.2-16-05 - Performance standards - Hydrologic balance - Surface water monitoring

Current through Supplement No. 393, July, 2024
1. Surface water
				monitoring must be conducted in accordance with the monitoring program and
				based on the probable hydrologic consequences determination submitted under
				section 69-05.2-08-04. The commission will
				approve the nature of data that relate to the hydrologic reclamation plan in
				section 69-05.2-09-12, frequency of
				collection, and determine reporting requirements.
a. For locations in surface water bodies,
				such as streams, lakes, and impoundments, monitoring must:
(1) Be adequate to measure accurately and
				record quantity and quality of discharges from the permit area and identify the
				extent to which mining affects water quality and quantity in the adjacent area.
				Water samples taken from all monitoring sites must be analyzed for the
				parameters specified in subdivision b of subsection 3 of section
				69-05.2-08-07. Results must be
				submitted quarterly to the commission.
(2) Be conducted to assure reliable test data
				according to existing standard procedures and analytical methods.
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 69-05.2-16-06 - Performance standards - Hydrologic balance - Diversion of overland flow

Current through Supplement No. 393, July, 2024
Overland flow, including flow through litter, shallow ground
				  water flow from undisturbed areas, and flow in ephemeral streams, may be
				  diverted from disturbed areas by temporary or permanent diversions, if required
				  or approved by the commission. The following requirements must be met for
				  diversions and collection drains used to transport water into treatment
				  facilities and for diversions of overland and shallow ground water flow and
				  ephemeral streams:
1. Temporary
				diversions must be constructed to pass safely the peak runoff from a ten-year,
				twenty-four-hour precipitation event, or a larger event as specified by the
				commission. A two-year recurrence interval may be used for designing collection
				drains used to transport water into treatment facilities if:
a. The diversion will be used for less than
				one year; or
b. The commission
				determines that the design integrity of the water management plan is maintained
				during a ten-year, twenty-four-hour design storm.
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 69-05.2-16-07 - Performance standards - Hydrologic balance - Stream channel diversions

Current through Supplement No. 393, July, 2024
1. Flow from
				perennial and intermittent streams within the permit area may be diverted, if
				the diversions:
a. Are approved by the
				commission after making the findings in section
				69-05.2-16-20;
b. Comply with other requirements of this
				chapter;
c. Comply with local and
				state laws and regulations; and
d.
				Are certified by a qualified registered professional engineer as being designed
				and constructed as required by this section.
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 69-05.2-16-08 - Performance standards - Hydrologic balance - Sediment control measures

Current through Supplement No. 393, July, 2024
1. Appropriate
				sediment control measures must be designed, constructed, and maintained using
				the best technology currently available to:
a. Prevent, to the extent possible,
				additional contributions of sediment to streamflow or to runoff outside the
				permit area.
b. Meet the more
				stringent of applicable state effluent limitations.
c. Minimize erosion to the extent possible.
d. Minimize the deposition of
				sediment on undisturbed areas.
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 69-05.2-16-09 - Performance standards - Hydrologic balance -Sedimentation ponds

Current through Supplement No. 393, July, 2024
1. General
				requirements. Sedimentation ponds must be used individually or in series and:
a. Be constructed before any disturbance of
				the undisturbed area to be drained into the pond.
b. Be located as near as possible to the
				disturbed area and out of perennial streams, unless approved by the commission.
c. Meet all the criteria of this
				section.
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 69-05.2-16-10 - Performance standards - Hydrologic balance Discharge structures

Current through Supplement No. 393, July, 2024
Discharges from sedimentation ponds, permanent and temporary
				  impoundments, coal processing waste dams and embankments, and diversions must
				  be controlled, where necessary using energy dissipators, riprap channels, surge
				  ponds, and other devices to reduce erosion, prevent deepening or enlargement of
				  stream channels and minimize disturbances to the hydrologic balance. Discharge
				  structures must be designed according to standard engineering design
				  procedures.
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 69-05.2-16-11 - Performance standards - Hydrologic balance Toxic mine drainage

Current through Supplement No. 393, July, 2024
The discharge of toxic mine drainage into ground and surface
				  water must be avoided by:
1.
				Identifying, burying, and treating where necessary, spoil which, in the
				judgment of the commission, may be detrimental to vegetation or water quality.
2. Preventing water from coming
				into contact with spoil material that causes toxic mine drainage according to
				section 69-05.2-21-03 and other measures
				as required by the commission.
3.
				Burying or otherwise treating all spoil that causes toxic mine drainage within
				thirty days after it is first exposed, or within a lesser period required by
				the commission, except that temporary storage may be approved upon a finding
				that burial or treatment within thirty days is not feasible and will not result
				in any material risk of water pollution or other environmental damage. Storage
				must be limited to the period until burial or treatment first becomes feasible.
				The spoil must be placed on impermeable material and protected from erosion and
				contact with surface water.
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 69-05.2-16-12 - Performance standards - Hydrologic balance -Permanent and temporary impoundments

Current through Supplement No. 393, July, 2024
1. In
				addition to the standards for permanent impoundments in subsection 7 of North
				Dakota Century Code section
				38-14.1-24, the design,
				construction, and maintenance of structures in which water is impounded by a
				dam must utilize the best technology currently available and meet the
				requirements of subsections 9 through 21 of section
				69-05.2-16-09 and the North Dakota
				Dam Design Handbook.
2. Temporary
				impoundments in which the water is impounded by a dam must meet the
				requirements of subsections 9 through 22 of section
				69-05.2-16-09.
3. Excavations that will impound water during
				or after the mining operation must have stable perimeter slopes not steeper
				than 1 v:2h. Slopes must be designed to be stable, even if flatter side slopes
				are required. Where surface runoff enters the impoundment area, the side slope
				must be protected against erosion.
4. All dams and embankments must be routinely
				maintained during mining operations. Vegetative growth must be cut where
				necessary to facilitate inspection and repairs. Ditches and spillways must be
				cleaned. Any combustible material present on the surface, other than material
				such as mulch or dry vegetation used for surface stability, must be removed and
				all other appropriate maintenance procedures followed.
5. If any examination or inspection discloses
				a potential hazard, the operator shall promptly inform the commission of the
				findings and the emergency procedures for public protection and remedial
				action. If adequate procedures cannot be formulated or implemented, the
				commission must be notified immediately. The commission will then notify the
				appropriate agencies that other emergency procedures are required to protect
				the public.
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 69-05.2-16-13 - Performance standards - Hydrologic balance - Ground water protection

Current through Supplement No. 393, July, 2024
1. Backfilled
				materials must be placed to minimize contamination of ground water systems with
				toxic or otherwise harmful mine drainage, minimize adverse effects on ground
				water flow and quality, minimize offsite effects, and support approved
				postmining land uses.
2. To
				control the effects of mine drainage, pits, cuts, and other mine excavations or
				disturbances must be located, designed, constructed, and utilized to prevent or
				control discharge of toxic or otherwise harmful mine drainage waters into
				ground water systems and prevent adverse impacts on those systems or on
				approved postmining land uses.
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 69-05.2-16-14 - Performance standards - Hydrologic balance - Ground water monitoring

Current through Supplement No. 393, July, 2024
1. The ground water
				monitoring plan must be based on the probable hydrologic consequences
				determination and conducted according to the monitoring program submitted under
				section 69-05.2-09-12 and approved by the
				commission. Ground water levels, infiltration rates, subsurface flow and
				storage characteristics, and the quality of ground water must be monitored to
				determine the effects of surface mining activities on the recharge capacity of
				reclaimed lands and on the quantity and quality of water in ground water
				systems in the permit area and adjacent area. Ground water monitoring systems
				must be designed and maintained to allow the commission to substantiate the
				determination of cumulative impacts of all surface mining activities on the
				ground water hydrology of the permit and adjacent areas.
2. When surface mining activities may affect
				the ground water systems which serve as aquifers that ensure the hydrologic
				balance of water use on or off the mine area, ground water levels and ground
				water quality must be periodically monitored. Monitoring must include
				measurements from a sufficient number of wells and mineralogical and chemical
				analyses of aquifer, overburden, and spoil that are adequate to reflect changes
				in ground water quantity and quality resulting from those activities.
				Monitoring must be adequate to plan for modification of surface mining
				activities, if necessary, to minimize disturbance of the prevailing hydrologic
				balance.
3. Ground water
				monitoring data must be submitted to the commission every three months or more
				frequently as prescribed by the commission. Monitoring reports must include
				analytical results from each sample taken during the reporting period. The
				operator shall review the data annually or more frequently if required by the
				commission. Changes observed in the monitored aquifers in the permit or
				adjacent areas must be described and interpreted in the monitoring report as to
				their significance and possible effect on any water supplies. When the analysis
				of any ground water sample indicates noncompliance with the permit conditions,
				the operator shall promptly notify the commission and immediately take the
				actions provided for in subdivision a of subsection 3 of section
				69-05.2-10-05 and subsection 2 of
				section 69-05.2-09-12.
4. As specified and approved by the
				commission, the operator or permittee shall conduct additional hydrologic
				tests, including drilling, infiltration tests, and aquifer tests, and submit
				the results to the commission to demonstrate compliance with this chapter.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24,
					 38-14.1-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-16 - Performance Standards - Hydrologic Balance - General Requirements › Section 69-05.2-16-15 - Performance standards - Hydrologic balance -Protection of ground water recharge capacity

Current through Supplement No. 393, July, 2024
Surface mining activities must restore approximate premining
				  recharge capacity, through restoration of the capability of the reclaimed areas
				  as a whole, excluding coal processing waste and underground development waste
				  disposal areas and fills, to a condition which:
1. Supports the approved postmining land use;
2. Minimizes disturbances to the
				prevailing hydrologic balance in the mine plan area and in adjacent areas; and
3. Provides a rate of recharge
				that approximates the premining recharge rate.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24,
					 38-14.1-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-16 - Performance Standards - Hydrologic Balance - General Requirements › Section 69-05.2-16-16 - Performance standards - Hydrologic balance - Transfer of wells

Current through Supplement No. 393, July, 2024
1. An exploratory
				or monitoring well may be transferred by the permittee for further use as a
				water well with the prior approval of the commission. The permittee and the
				surface owner shall jointly submit a written request to the commission for that
				approval.
2. Upon an approved
				transfer of a well, the transferee shall:
a.
				Assume primary liability for damages to persons or property from the well.
b. Plug the well when necessary,
				but in no case later than abandonment of the well.
c. Assume primary responsibility for
				compliance with chapter 69-05.2-14 with respect to the well.
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 69-05.2-16-17 - Performance standards - Hydrologic balance Water rights and replacement

Current through Supplement No. 393, July, 2024
A permittee shall replace the water supply of an owner of
				  interest in real property who obtains all or part of the owner's supply of
				  water for domestic, agricultural, industrial, or other legitimate use from an
				  underground or surface source, where the water supply has been affected by
				  contamination, diminution, or interruption proximately resulting from the
				  surface mining activities.
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 69-05.2-16-18 - Performance standards - Hydrologic balance -Discharge of waters into an underground mine

Current through Supplement No. 393, July, 2024
Surface water must not be diverted or otherwise discharged
				  into underground mine workings or abandoned surface mines, unless the operator
				  or permittee demonstrates to the commission that the diversion or discharge
				  will:
1. Minimize disturbance to the
				hydrologic balance on the permit area, prevent material damage outside the
				permit area, and otherwise eliminate public hazards resulting from surface
				mining activities.
2. Not cause
				the discharge to result in or contribute to a violation of applicable water
				quality standards or effluent limitations.
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 69-05.2-16-19 - Performance standards - Hydrologic balance - Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities

Current through Supplement No. 393, July, 2024
Before abandoning the permit area. the operator shall
				  renovate all permanent sedimentation ponds, diversions, impoundments, and
				  treatment facilities to meet criteria specified in the detailed design plan for
				  the permanent structures and impoundments.
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 69-05.2-16-20 - Performance standards - Hydrologic balance - Stream buffer zones

Current through Supplement No. 393, July, 2024
1. The operator may
				not disturb land within one hundred feet [30.48 meters] of an intermittent or
				perennial stream unless the commission, after consulting the state engineer and
				the state department of health, specifically authorizes surface mining
				activities closer to, or through, the stream, after finding that:
a. Surface mining activities will not cause
				or contribute to the violation of applicable state or federal water quality
				standards, and will not adversely affect the water quantity and quality or
				other environmental resources of the stream; and
b. If there will be a temporary or permanent
				stream channel diversion, it will comply with section
				69-05.2-16-07.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-17 - Performance Standards - Use of Explosives › Section 69-05.2-17-01 - Performance standards - Use of explosives - General requirements

Current through Supplement No. 393, July, 2024
1. Operators shall
				comply with all applicable local and state laws in the use of explosives.
2. Blasts that use five pounds
				[2.27 kilograms] or less of explosive or blasting agent are subject to all
				requirements of this chapter except those of section
				69-05.2-17-03.
3. All blasting operations must be conducted
				under the direction of a certified blaster. Each person responsible for
				blasting operations shall possess a valid certification as required by North
				Dakota Century Code section
				38-14.1-24.
4. Blaster certificates must be carried by
				blasters or be on file at the mine office during blasting operations.
5. A blaster and at least one
				other person shall be present at the firing of a blast.
6. Persons responsible for blasting
				operations shall be familiar with the blasting plan and site-specific
				performance standards, and give direction and on-the-job training to persons
				who are not certified and who are assigned to the blasting crew or assist in
				the use of explosives.
7. Blast
				design.
a. An anticipated blast design must
				be submitted to the commission if blasting operations will be conducted within:
(1) One thousand feet [304.8 meters] of any
				building used as a dwelling, public building, school, church, or community or
				institutional building outside the permit area; or
(2) Five hundred feet [152.4 meters] of an
				active or abandoned underground mine.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-17 - Performance Standards - Use of Explosives › Section 69-05.2-17-02 - Performance standards - Use of explosives - Preblasting survey

Current through Supplement No. 393, July, 2024
1. Each operator
				shall notify in writing, at least thirty days before blasting, all residents
				and owners of manmade dwellings or structures located within one mile [1.61
				kilometers] of the permit area how to request a preblasting survey.
2. On request to the commission by a resident
				or owner of a dwelling or structure located within one mile [1.61 kilometers]
				of any part of the permit area, the operator shall promptly conduct a
				preblasting survey of the dwelling or structure and promptly submit a report of
				the survey to the commission and requester. Any preblasting survey requested
				more than ten days before blasting must be completed before blasting is
				initiated. Additions or renovations to a surveyed structure must be surveyed
				upon request to the commission.
3.
				The survey must determine the condition of the dwelling or structure and
				document any preblasting damage and other physical factors that could
				reasonably be affected by the blasting. Assessments of structures such as
				pipes, cables, transmission lines, and wells and other water systems must be
				limited to surface condition and other readily available data. Special
				attention must be given to the preblasting condition of wells and other water
				systems used for human, animal, or agricultural purposes and to the quantity
				and quality of the water.
4. The
				written survey report must be prepared and signed by the person who conducted
				it. The report may recommend special conditions or proposed adjustments to the
				blasting procedure which should be incorporated into the blasting plan. The
				requester may notify the permittee and commission in writing of specific areas
				of disagreement with the survey results.
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 69-05.2-17 - Performance Standards - Use of Explosives › Section 69-05.2-17-03 - Performance standards - Use of explosives - Public notice of blasting schedule

Current through Supplement No. 393, July, 2024
1. Blasting
				schedule publication. Each operator shall:
a.
				Publish the blasting schedule required by subdivision a of subsection 13 of
				North Dakota Century Code section
				38-14.1-24 at least ten days, but
				not more than twenty days, before beginning a blasting program in which blasts
				that use more than five pounds [2.27 kilograms] of explosive or blasting agent
				are detonated.
b. Distribute
				copies of the schedule by mail to local governments, public utilities, and each
				residence within one-half mile [0.85 kilometers] of the blasting site described
				in the schedule.
c. Republish and
				redistribute the schedule every twelve months, or more frequently if necessary
				to meet the requirements of subsection 2.
d. Republish and redistribute a revised
				blasting schedule at least ten days but not more than twenty days before
				blasting whenever the area covered by the schedule changes or the actual time
				periods for blasting significantly differ from the prior announcement.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-17 - Performance Standards - Use of Explosives › Section 69-05.2-17-04 - Performance standards - Use of explosives - Public notice of changes to blasting schedules [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 69-05.2-17 - Performance Standards - Use of Explosives › Section 69-05.2-17-05 - Performance standards - Use of explosives - Surface blasting procedures

Current through Supplement No. 393, July, 2024
1. All blasting
				must be conducted between sunrise and sunset, unless nighttime blasting is
				approved by the commission upon a showing by the operator that the public will
				be protected from adverse noise and other impacts. The commission may specify
				more restrictive time periods for blasting.
2. Blasting must be conducted at the
				scheduled times, except in those unavoidable hazardous situations, previously
				approved by the commission in the permit application, where operator or public
				safety require unscheduled detonation.
3. Warning and all-clear signals of different
				character that are audible within a range of one-half mile [0.85 kilometers]
				from the point of the blast must be given. Each person within the permit area
				and each person who resides or regularly works within one-half mile [0.85
				kilometers] of the permit area must be notified of the meaning of the signals
				through appropriate instructions. Recipients must be periodically and clearly
				informed of the meaning of the signals. Signs must be maintained according to
				subsection 6 of section
				69-05.2-13-04.
4. Access to an area possibly subject to
				flyrock from blasting must be regulated to protect the public and livestock.
				Access to the area must be controlled to prevent the presence of livestock or
				unauthorized personnel during blasting and until an authorized representative
				of the operator has reasonably determined that:
a. There are no unusual circumstances, such
				as imminent slides or undetonated charges; and
b. Access to and travel in or through the
				area can be safely resumed.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-17 - Performance Standards - Use of Explosives › Section 69-05.2-17-06 - Performance standards - Use of explosives -Seismographic measurements

Current through Supplement No. 393, July, 2024
The commission may require an operator to conduct seismic
				  monitoring of any or all blasts and may specify the location at which the
				  measurements are taken and the degree of detail necessary in the measurement.
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 69-05.2-17 - Performance Standards - Use of Explosives › Section 69-05.2-17-07 - Performance standards - Use of explosives - Records of blasting operations

Current through Supplement No. 393, July, 2024
A log of each blast, including any seismograph reports, must
				  be retained at the minesite under subsection 13 of North Dakota Century Code
				  section 38-14.1-24. The log must contain:
1. Name of the operator.
2. Location, date, and time of blast.
3. Name, signature, and
				certificate number of blaster-in-charge.
4. Direction and distance, in feet [meters],
				to nearest dwelling, school, church, commercial or institutional building, or
				other protected structure:
a. Not located in
				the permit area; or
b. Not owned
				or leased by the person who conducts the surface mining activities.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-18 - Performance Standards - Disposal of Excess Spoil › Section 69-05.2-18-01 - Performance standards - Disposal of excess spoil - Requirements

Current through Supplement No. 393, July, 2024
In addition to satisfying subsection 19 of North Dakota
				  Century Code section
				  38-14.1-24, the operator
				  shall:
1. Place excess spoil from the
				initial pit and excess spoil not needed to meet the grading requirements of
				section 69-05.2-21-02 in approved
				designated disposal areas within a permit area. The spoil must be placed in a
				controlled manner to ensure:
a. That leachate
				and surface runoff from the disposal area will not degrade surface or ground
				waters or exceed effluent limitations.
b. Stability of the disposal area.
c. That the land mass designated as the
				disposal area is suitable for reclamation and revegetation compatible with the
				natural surroundings.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-19 - Performance Standards - Waste Materials › Section 69-05.2-19-02 - Performance standards - Waste materials - Permanent disposal of coal or commercial leonardite wastes

Current through Supplement No. 393, July, 2024
1. All
				coal or commercial leonardite processing waste and waste materials from coal or
				commercial leonardite utilization processes and coal conversion facilities to
				be permanently disposed of within a permit area and that are required to be
				permitted under the solid waste management rules of the North Dakota state
				department of health must be disposed of according to those rules and this
				chapter.
a. The permittee or operator shall
				file application for and design the disposal site as required by the state
				department of health and concurrently submit a copy of the application to the
				commission.
b. The permittee or
				operator shall also submit to the commission a permit revision that will
				incorporate the disposal activities into the operations and reclamation plan.
				The commission will not approve the revision until the state department of
				health issues a solid waste permit.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-19 - Performance Standards - Waste Materials › Section 69-05.2-19-03 - Performance standards - Waste materials - Temporary disposal of coal processing wastes

Current through Supplement No. 393, July, 2024
The commission may approve the temporary disposal of coal
				  processing wastes in areas other than excavated pits if the operator
				  demonstrates that:
1. All surface
				drainage from the area above the disposal site will be diverted as required by
				the commission.
2. Measures will
				be taken to minimize surface erosion at the disposal site.
3. All water discharged from the disposal
				site will comply with chapter 69-05.2-16.
4. No toxic mine drainage from the disposal
				site will degrade surface or ground water.
5. The disposal site will not create health
				hazards.
6. Coal processing waste
				fires can be extinguished in an approved manner.
7. The coal processing waste will be
				compacted to prevent spontaneous combustion.
8. Fugitive dust from the disposal site can
				be controlled.
9. The coal
				processing waste will be permanently disposed of in a timely manner in
				accordance with section
				69-05.2-19-02.
10. The disposal site will be restored in
				accordance with this article.
11.
				Dams and embankments constructed of or impounding coal processing waste as a
				temporary disposal method are in compliance with 69-05.2-20.
12. All temporary coal processing waste
				disposal facilities are designed using current, prudent engineering practices
				and meet any design criteria established by the commission. A qualified
				registered professional engineer, experienced in the design of similar earth
				and waste structures, shall certify the design of the disposal facility.
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 69-05.2-19 - Performance Standards - Waste Materials › Section 69-05.2-19-04 - Performance standards - Waste materials - Disposal of noncoal wastes

Current through Supplement No. 393, July, 2024
1. All noncoal
				waste materials disposed of within a permit area and that are required to be
				permitted under solid waste management rules of the state department of health
				must be disposed of according to those rules and this chapter. Before disposal
				operations begin, the commission must be advised of plans to develop or modify
				a noncoal waste disposal site.
2.
				Noncoal wastes including concrete products, plastic material, abandoned mining
				machinery, wood materials, and other nonhazardous materials generated during
				mining and noncoal waste materials from activities outside the permit area,
				such as municipal wastes, must be placed and stored in a controlled manner in a
				designated approved portion of the permit area. Placement and storage of all
				types of noncoal wastes, including any hazardous materials, must ensure that
				leachate and surface runoff do not degrade surface or ground water, fires are
				prevented, and that the area remains stable and suitable for reclamation and
				revegetation compatible with the natural surroundings. Any wastes containing
				asbestos may not be disposed of in the permit area unless specific approval is
				obtained from the state department of health. Solvents, grease, lubricants,
				paints, flammable liquids, and other combustible materials must be disposed off
				the permit area except for land treatments of small spills as approved by the
				state department of health.
3.
				Disposal sites in the permit area must be designed and constructed to ensure
				that leachate and drainage from the noncoal waste areas does not degrade
				surface or underground water. Wastes must be routinely compacted and covered to
				prevent combustion and windborne waste. When disposal is completed, two feet
				[60.96 centimeters] of cover or a greater thickness required by the commission
				must be placed over the site, slopes stabilized, suitable plant growth material
				respread and revegetation accomplished. Site operation must comply with all
				local and state requirements.
4. At
				no time may any solid waste material be deposited at embankment or impoundment
				sites, nor may any excavation for solid waste disposal be located within eight
				feet [2.44 meters] of any coal or commercial leonardite outcrop or coal or
				commercial leonardite storage 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 69-05.2-20 - Performance Standards - Dams and Embankments Constructed of or Impounding Coal Processing Waste › Section 69-05.2-20-01 - Performance standards - Dams and embankments constructed of or impounding coal processing waste - General requirements

Current through Supplement No. 393, July, 2024
Dams and embankments constructed of or impounding coal
				  processing waste as a temporary disposal method must comply with this chapter
				  and permanent disposal of the waste must comply with section
				  69-05.2-19-02. Waste may not be
				  used to construct the dams and embankments unless it has been demonstrated to
				  the commission that the stability of the structure conforms to the requirements
				  of subsection 1 of section
				  69-05.2-20-03. It must also be
				  demonstrated that the use of waste material will not have a detrimental effect
				  on downstream water quality or the environment due to toxic seepage through the
				  dam or embankment. All demonstrations must be approved by the commission. Prior
				  to commission approval, the state engineer will have an opportunity to review
				  the plans and design of the structures.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24,
					 38-14.1-25
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-20 - Performance Standards - Dams and Embankments Constructed of or Impounding Coal Processing Waste › Section 69-05.2-20-02 - Performance standards - Dams and embankments constructed of or impounding coal processing waste - Site preparation

Current through Supplement No. 393, July, 2024
Before coal processing waste is placed at a dam or
				  embankment site:
1. All vegetative
				material must be cleared from the site, and suitable plant growth material
				removed and stockpiled according to this article; and
2. Surface drainage that may cause erosion to
				the embankment area or the embankment features, whether during construction or
				after completion, must be diverted by diversion ditches that comply with the
				requirements of section
				69-05.2-16-06. Adequate outlets
				for discharge from these diversions must comply with section
				69-05.2-16-10. Diversions to carry
				drainage from the upstream area away from the impoundment area and runoff from
				the surface of the impoundment facility must be designed to carry the peak
				runoff from a one hundred-year, six-hour precipitation event. The diversion
				must be maintained to prevent blockage, and the discharge must comply with
				section 69-05.2-16-10. Sediment control
				measures must be provided at the discharge of each diversion ditch before entry
				into natural watercourses according to 69-05.2-16.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24,
					 38-14.1-25
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-20 - Performance Standards - Dams and Embankments Constructed of or Impounding Coal Processing Waste › Section 69-05.2-20-03 - Performance standards - Dams and embankments constructed of or impounding coal processing waste - Design and construction

Current through Supplement No. 393, July, 2024
1. The design of each dam and embankment
				constructed of coal processing waste or intended to impound the waste must
				comply with subsections 9 through 21 of section
				69-05.2-16-09, modified as
				follows:
a. The design freeboard between the
				lowest point on the embankment crest and the maximum water elevation must be at
				least three feet [91.44 centimeters].
b. The dam and embankment must have a minimum
				safety factor of 1.5 for a normal pool with steady seepage saturation
				conditions, and the seismic safety factor must be at least 1.2.
c. The dam or embankment foundation and
				abutments must be designed to be stable under all conditions of construction
				and operation of the impoundment. Sufficient foundation investigations and
				laboratory testing must be performed to determine the safety factors of the dam
				or embankment for all loading conditions appearing in subdivision b and for all
				increments of construction.
d.
				Each structure that meets the criteria of
				30 CFR
				77.216(a) must have
				sufficient spillway capacity to safely pass the probable maximum precipitation
				of a six-hour precipitation event, or greater event specified by the
				commission, when the impoundment is at high water elevation.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-21 - Performance Standards - Backfilling and Grading › Section 69-05.2-21-01 - Performance standards - Backfilling and grading - Timing requirements

Current through Supplement No. 393, July, 2024
1.
Area
				surface mining with thin overburden.
Rough backfilling and grading must
				occur according to the time schedule approved by the commission on the basis of
				the materials submitted under subsection 3 of section
				69-05.2-09-11.
2.
Area surface mining.
Rough
				backfilling and grading must be completed within one hundred eighty days
				following coal or commercial leonardite removal and may not be more than four
				spoil ridges behind the pit being worked, the spoil from the active pit being
				considered the first ridge. The commission may grant additional time or
				distance for rough backfilling and grading if the permittee can demonstrate,
				through a detailed written analysis under subsection 3 of section
				69-05.2-09-11, that additional
				time or distance is necessary.
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 69-05.2-21 - Performance Standards - Backfilling and Grading › Section 69-05.2-21-02 - Performance standards - Backfilling and grading -Grading requirements

Current through Supplement No. 393, July, 2024
1. All disturbed
				areas must be backfilled and graded according to subsection 3 of North Dakota
				Century Code section
				38-14.1-24 so that they support
				the approved postmining land use, except that the commission may approve a
				different contour or topography if:
a. The
				different contour or topography is a lesser contour or topography consistent
				with the approximate original contour, with all highwalls, spoil piles, and
				depressions eliminated (unless small depressions are needed in order to retain
				moisture to assist vegetation or as otherwise authorized pursuant to North
				Dakota Century Code chapter 38-14.1 or this article);
b. The permittee affirmatively demonstrates
				in the permit application that the lesser contour or topography is necessary to
				better achieve the postmining land use; and
c. All applicable performance standards of
				North Dakota Century Code section
				38-14.1-24 and this article will
				be met.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-21 - Performance Standards - Backfilling and Grading › Section 69-05.2-21-03 - Performance standards - Backfilling and grading - Covering coal, commercial leonardite, and toxic-forming materials

Current through Supplement No. 393, July, 2024
All exposed coal seams, commercial leonardite seams, and
				  toxic-forming and combustible materials exposed, used, or produced during
				  mining must be adequately covered with nontoxic and noncombustible materials,
				  or treated, to control the impact on surface and ground water in accordance
				  with chapter 69-05.2-16, to prevent sustained combustion, and to minimize
				  adverse effects on plant growth and the approved postmining land
				  use.
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 69-05.2-21 - Performance Standards - Backfilling and Grading › Section 69-05.2-21-04 - Performance standards - Backfilling and grading - Thin overburden

Current through Supplement No. 393, July, 2024
The provisions of this section apply only to mining
				  activities where the final thickness of all available spoil and waste materials
				  over the permit area is less than 0.8 of the initial thickness of the
				  overburden and the coal or commercial leonardite prior to coal or commercial
				  leonardite removal. The final thickness is the product of the overburden
				  thickness prior to coal or commercial leonardite removal times the overburden
				  swell factor. When the demonstration is made that thin overburden exists over
				  the permit area, in addition to meeting subdivision b of subsection 3 of North
				  Dakota Century Code section
				  38-14.1-24, the operator
				  shall:
1. Transport, backfill, and
				grade, using all available spoil and suitable waste materials from the entire
				permit area, to attain the lowest practicable stable grade, to achieve a static
				safety
factor of 1.3 to provide adequate drainage and long-term
				  stability of the regraded areas, and to cover all toxic-forming
				  materials.
2. Eliminate
				highwalls by grading or backfilling to stable slopes not exceeding thirty-five
				percent, or lesser slopes as the commission may specify to reduce erosion,
				maintain the hydrologic balance, or achieve the approved postmining land
				use.
3. Transport, backfill, grade,
				and revegetate to achieve an ecologically sound land use compatible with the
				prevailing use in unmined areas surrounding the permit area.
4. Transport, backfill, and grade to ensure
				that impoundments are constructed only where:
a. It has been demonstrated to the commission
				that all requirements of chapter 69-05.2-16 have been met; and
b. The impoundments have been approved by the
				commission as suitable for the approved postmining land use and meet the
				requirements of this article and all other applicable state laws and
				regulations.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-21 - Performance Standards - Backfilling and Grading › Section 69-05.2-21-05 - Performance standards - Backfilling and grading -Slippage and piping zones

Current through Supplement No. 393, July, 2024
The commission may require the operator to use current
				  research findings and the best technology currently available to minimize
				  subsurface piping in the spoil and slippage at the suitable plant growth
				  material spoil interface.
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 69-05.2-21 - Performance Standards - Backfilling and Grading › Section 69-05.2-21-06 - Performance standards - Backfilling and grading - Slope measurements

Current through Supplement No. 393, July, 2024
1. The permittee
				shall submit a postmining contour map to the commission for approval before
				spreading suitable plant growth materials. Along with the contour map, the
				permittee shall specify the thickness of topsoil and subsoil to be respread
				over the graded area.
2. The
				commission will approve or disapprove the postmining topography within thirty
				days and notify the permittee in writing of the decision along with reasons for
				any disapproval.
General Authority: NDCC
					 38-14.1-03
Law Implemented: NDCC
					 38-14.1-24