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 43-02-02.2-63 - Restoration values not achieved

1. If the restoration values established in the restoration table of the mine permit are not met after application of best available technology, the operator may submit an amendment to establish alternative restoration values. A one thousand dollar amendment application fee must accompany this submittal.

2. To justify alternative values, the amendment must include all available water quality data for the restoration unit, a narrative discussing the restoration techniques used, including a demonstration that best available practicable technology was applied, and the rationale for altering the restoration values.

3. In determining whether the restoration table should be altered for a particular restoration zone, the department shall consider the following:

4. Alternative restoration values must conform to the requirements of section 43-02-02.2-20.

5. The commission will make a decision on the proposed amendment only after notice and hearing.