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 43-02-02.2-16 - Permit application - Additional baseline information

Current through Supplement No. 392, April, 2024

1. Baseline water quality and water level data must be submitted with the application. The data must represent at least a one-year period during which data is collected monthly unless the applicant can demonstrate to the department's satisfaction that less frequent sampling or sampling for a shorter period for specific locations is hydrologically justifiable. In no case may baseline sampling be less frequent than quarterly.

2. The following information is required:

a. Ground water baseline information, including:
(1) A geochemical, lithological, and mineralogical description of the receiving strata and any aquifers that may be affected by injecting mining solution;

(2) Aquifer characteristics for the water-saturated portions of the receiving strata and aquifers that may be affected by the mining process. Characteristics must include aquifer thickness, velocity and direction of ground water movement, potentiometric gradient, storage coefficients or specific yields, transmissivity or hydraulic conductivity, water level data, recharge and discharge areas, and the directions of preferred flow under hydraulic stress in the saturated zones of the receiving strata. The extent of hydraulic connection between the receiving strata and overlying and underlying aquifers and the hydraulic characteristics of any influencing boundaries in or near the proposed production areas must be determined and described; and

(3) The volume and areal extent of ground water anticipated to be influenced by the injection activities. The area of review must include the area within a one-quarter mile [.40 kilometer] radius of the injection wells, or as determined by the department.

b. Geology of the land within the proposed permit area and contiguous lands, including representative geologic cross sections and structure contour maps or three-dimensional fence diagrams of the target mineral deposit.

c. A surface water inventory map on a topographic base map, depicting all identifiable surface water resources potentially affected by the proposed mining process, including seeps, springs, rivers, streams, lakes, ponds, wetlands, and reservoirs. The map must also address surface water quality and quantity, discharge rates, and other information necessary to characterize the hydrologic system.

d. A well location inventory map depicting any identifiable wells and exploration test holes, located within one mile [1.61 kilometers] of the boundary of the permit area accompanied by a table of all known existing water wells, producing wells, injection wells, abandoned wells, and exploration holes, giving location, depth, producing intervals, type of use, condition of casing, plugging procedures and date of completion for each well or drill hole within that same area to the extent such information is available in public records and from a reasonable inspection of the property.

e. A potentiometric surface map of the mining zone and the overlying and underlying hydrostratigraphic units on a topographic base map as well as any near-surface aquifers.

f. A geochemical characterization of the ore rock. The EP toxicity test must be used.

g. A surface and ground water monitoring plan for the life of the mine.

h. Meteorologic data and a meteorologic monitoring plan.

i. A drainage, erosion, and sedimentation control plan.

j. For operations using chemicals in the milling process, a description of the proposed methods to monitor and collect leakage or spills and a spill contingency plan.

k. An estimate of the water requirements, including flow rates and volumes for each phase of the mining and restoration operation. This estimate must include a description of the potential effect on the quality and quantity of the proposed water source.

l. A description of the chemical characteristics of process solutions and the chemicals used to process ore, including a range of operating concentrations.

m. Preliminary engineering plans and specifications for pollution control facilities and a quality control plan for constructing those facilities.

n. Site-specific background radiological data, including the results of measurements of radioactive materials occurring in important species, soil, air, and in surface and ground waters that could be affected by the proposed mining operations, when radioactive elements will be produced in sufficient quantities. The applicant shall develop a preoperational environmental radiological monitoring plan. The plan must include a radiation survey of the proposed mine facilities area to include process or recovery facilities, ponds, impoundments, and wellfields.

o. Identification of unstable or seismic areas.

p. A list and map of all adjudicated and permitted ground water and surface water rights within a six-mile [9.65-kilometer] radius of the mine permit boundary.

q. Land use and zoning laws within the mine permit and within a one-mile [1.61-kilometer] radius of the mine permit boundary.

r. A list of occupied dwellings within the mine permit and within a one-mile [1.61-kilometer] radius of the mine permit boundary.

3. The department may require presubmission meetings to discuss the procedures for baseline data and site characterization.

General Authority: NDCC 38-12-03

Law Implemented: NDCC 38-12-03

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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