North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02.2 - In Situ Leach Mining Rules
Section 43-02-02.2-15 - Permit application - General contents

a. Describe by legal description the land for which a permit is sought.

b. Identify all property interests the applicant holds, including options, in the lands for which a permit is sought and in all contiguous land. This identification must cover surface and subsurface interests and legal descriptions must be provided identifying the location of each interest and option.

c. List the names and addresses of the following:

d. State, if the applicant is a partnership, corporation, limited liability company, association, or other business entity. State that the applicant is registered with the North Dakota secretary of state to do business in North Dakota and state:

e. All names under which the applicant, and any partner, principal shareholder, or principal member of the applicant, was involved in a mining operation within any state during the five years preceding the date of the application.

f. A description of any pending, current, or previous permits for mining operations in any state being sought or held by the applicant and any partner, principal shareholder, or principal member of the applicant.

g. A description of any instance in which the applicant has been formally notified that it violated any law of the United States or the state of North Dakota, or of any agency of the United States or of the state of North Dakota, pertaining to air or water protection in connection with any mining operation during the five years prior to the date of application. The applicant must also explain the final resolution of any such notice.

h. Whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant, has ever held any federal or state permit for a mining operation that in the five years prior to the date of the application has been suspended or revoked, or has had a bond or similar security for a mining operation forfeited and, if so, explain the facts involved.

i. In this subdivision, "mining operations" is interpreted broadly to cover all kinds of mining.

a. Dates of collection and analyses.

b. Descriptions of methodology used.

a. Maps must be legible and drawn to a scale that clearly shows the elements being delineated. Permit area map scales must be 1:2,400 or larger. Maps showing lands and water in contiguous areas must be at a scale 1:24,000 or larger. The department may approve requests for map scale changes. Maps must:

b. Base maps are required and must identify all major topographic features and landmarks, streams, towns, subdivisions, historic or archaeologic sites, utilities, roads, and buildings. In lieu of delineating these items on the map, the use of a standard United States geological survey seven-and-one-half-minute quadrangle map may be used as a base map. Contour (topographic) maps must accurately locate and identify the permit area, the proposed permit boundary, and the location of any public highways, dwellings, utilities, and easements within the permit area and contiguous lands in relation to all proposed affected lands and proposed activities associated with the mining, including all processing facilities, chemical storage areas, production areas, and roads. The map shall also clearly illustrate the location of monitoring wells.

a. The hazardous waste management program under article 33.1-24;

b. The underground injection control program under 33.1-25 and 43-02-02.1 and under North Dakota Century Code chapter 61-28;

c. The control, prevention, and abatement of pollution of surface waters program under 33.1-16 and under North Dakota Century Code chapter 61-28;

d. The air quality program under 33.1-15 and under North Dakota Century Code chapter 23.1-06;

e. Section 404 of the Clean Water Act;

f. The radiation control program under 33.1-10 and under North Dakota Century Code chapter 23.1-02, when radioactive elements will be produced in sufficient quantities;

g. A United States nuclear regulatory commission source and by product material license, when radioactive elements will be produced in sufficient quantities;

h. Laws administered by the state engineer, state water commission, and water resource districts; and

i. Any other federal, state, and local permits or approvals.