North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02.3 - Surface Mining (Noncoal)
Section 43-02-02.3-01 - Definitions

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 38-12, except:

1. "Adjacent area" means land located outside the permit area where air, surface or ground water, fish, wildlife, vegetation, or other resources may be adversely impacted by surface mining and reclamation operations.

2. "Certified or registered mail" means any form of service by the United States postal service, federal express, Pitney Bowes, and any other commercial, nationwide delivery service that provides the mailer with a document showing the date of delivery or refusal to accept delivery.

3. "Coal" manes a dark-colored compact and earthy organic rock with less than forty percent inorganic components, based on dry material, formed by the accumulation and decomposition of plant material. The term includes consolidated lignite coal, in both oxidized and nonoxidized forms, having less than eight thousand three hundred British thermal units per pound [453.59 grams], moist and mineral matter free, whether or not the material is enriched in radioactive materials.

4. "Department" means the department of mineral resources of the industrial commission.

5. "Deposit" means an underground concentration containing a common accumulation of subsurface minerals.

6. "Director" means the director of the department of mineral resources of the industrial commission.

7. "Disturbed area" means the surface area disturbed by mining and reclamation operations. Areas are classified as "disturbed" until reclamation is complete and the performance bond or other assurance of performance required by North Dakota Century Code chapter 38-12 and this article is released.

8. "Diversion" means a channel, embankment, or other manmade structure constructed to divert water from one area to another.

9. "Geomembrane" means a synthetic, impermeable membrane used in contact with soil or other materials in geotechnical and civil engineering applications to contain liquids.

10. "Impoundment" means a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment, or waste.

11. "Large mining operations" means mining operations which have a disturbed area of more than ten acres at any time.

12. "Operator" means any person or persons who, duly authorized, is in charge of the development of a lease or the operation of a producing property.

13. "Postmining land use" means a beneficial use or multiple uses which will be established on a permit area after completion of a mining project.

14. "Small mining operations" means mining operations which have a disturbed area of ten acres or less at any time.

15. "Surface mining" means mining conducted on the land surface including open pit, strip, or auger mining; dredging; quarrying; reworking abandoned dumps and tailing; and activities related thereto.

16. "Toxic-forming materials" means earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.

17. "Waste" means:

a. Physical waste;

b. Operations which cause or tend to cause unnecessary or excessive surface loss; or

c. Operations that do not recover all of the mineral being mined that is technically and economically possible.

General Authority: NDCC 38-12-02

Law Implemented: NDCC 38-12-02