North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02.3 - Surface Mining (Noncoal)
Section 43-02-02.3-11 - Large mining operation permit requirements
Universal Citation: ND Admin Code ยง 43-02-02.3-11
Current through Supplement No. 392, April, 2024
In addition to information requirements set forth in subsections 1 through 3 of section 43-02-02.3-10, permit applications for large, noncoal, surface and subsurface mining operations and extraction facilities shall address the following:
1. Identification of interests. In addition to the information requirements set forth in subsection 1 of section 43-02-02.3-10, the applicant will provide the following information:
a. A
listing of all parties, including addresses, which have an ownership and
controlling interest in the operation. Alternatively, the applicant may submit
the applicant's most recent 10k form required by the United States securities
and exchange commission.
b. A
statement of all current or previous mining operations within the United States
held during the five years prior to application owned, operated, or controlled
by any person identified in subdivision a and the names and addresses of
regulatory agencies with jurisdiction over the environmental aspects of those
operations that could provide a compliance history for the
operations.
c. The name and address
of a designated agent for the service of notices and orders from the
director.
d. A listing of all
federal and state permits required for the operation.
2. A surface facilities map which identifies the locations of buildings; stationary mining/processing equipment; roads; underground utilities; power lines; proposed drainage control structures; the location of topsoil and subsoil storage areas; tailings or processed waste facilities; disposal areas for overburden; and solid and liquid wastes and wastewater discharge treatment and containment facilities.
3. Sampling and analysis plan.
a. The applicant shall submit four copies of
a proposed sampling and analysis plan (SAP) to the director for review prior to
baseline data collection. The proposed SAP should contain, at a minimum, the
following information for each relevant resource:
(1) Sampling objectives;
(2) A list of the data to be
collected;
(3) Methods of
collection;
(4) General water
chemistry and the parameters to be analyzed for;
(5) Maps indicating the proposed sampling
locations;
(6) Sampling frequency;
and
(7) Laboratory and field
quality assurance plans.
b. The director shall distribute the proposed
SAP to other agencies as determined by the director. The agencies will have
thirty days from receipt of the proposed SAP to submit written comments to the
director. Any written comments received within thirty days shall be provided to
the applicant. The director shall also provide written comments and
recommendations to the applicant on the adequacy of the SAP
c. The applicant may request a conference
with the director to discuss the SAP
4. Baseline data. Descriptions, maps, drawings, or photographs shall be included as required for determination of existing conditions, operations, reclamation, and postmining use. Baseline data shall include, as applicable:
a. A description
of the climatological factors representative of the permit area, including
precipitation, prevailing winds, and temperature.
b. A description of the thickness and nature
of the topsoil and subsoil within the proposed permit area. A soil survey and
soil analyses conducted in accordance with standard methods acceptable to the
director will be required to show variations in topsoil and subsoil depth and
suitability. If a published soil survey is not available, a new survey must be
prepared by a soil classifier as defined by North Dakota Century Code section
43-36-01.
c. A map which delineates existing vegetation
types and a description, including cover, density, and productivity of the
plant communities within the proposed permit area. Included in this description
shall be the results of an inventory conducted for any sensitive, threatened,
or endangered plant species within the permit area.
d. Wildlife information shall be obtained for
the permit area and adjacent area. Where species may be impacted beyond these
areas, the information shall include, to the extent practicable, the area of
potential impact.
e.
Adescriptionoftheorebody in the proposed permit area, including geologic plans
and cross sections depicting the nature and depth of overburden, mineralized
zone or ore body, and aquifers and springs. A description of the potential for
geochemical alteration of overburden, ore body, and other materials present
within the permit area. Detailed analyses may be required if the substrata is
suspected to contain substances that are likely to create acid drainage or
might degrade surface water or ground water or hinder reclamation.
f. Surface and ground water information,
including:
(1) A map indicating the location
of surface waters and the location and size of watersheds in and adjacent to
the proposed permit area. The map shall depict all watercourses, lakes, natural
and artificial water bodies, springs, and riparian and wetland areas. Streams
shall be classified as ephemeral, intermittent, or perennial. The map shall
identify all watercourses, lakes, springs, and riparian and wetland areas into
which surface or pit drainage will be discharged or may possibly be expected to
reach;
(2) A description of surface
drainage systems sufficient to identify the seasonal variation in surface water
quantity and quality within the proposed permit and affected areas to the
extent possible;
(3) Lithology and
thickness of each geologic unit below the site indicating which units are
water-bearing, cross sections and potentiometric maps indicating the locations
of wells and the ground water flow direction in the vicinity of the site, and
references or sources for this information;
(4) A description of the aquifer
characteristics including total dissolved solids concentration, maximum and
minimum depths to ground water, direction of flow and gradients, transmissivity
and storativity, and a general description of ground water quality, and
references or sources for this information; and
(5) The location of all water wells and
developed springs within and extending at least one mile from the proposed
permit area. Water quality and quantity information for each well and spring
shall be provided in the format required by the director.
g. A description and delineation on
topographic maps of any prior mining operations which may have affected the
permit area including, if known, the type of mining and processing method and a
list of any processing chemicals or reagents used.
h. A list of accompanying map indicating all
sites on or eligible for listing on the national register of historic places
and known cemeteries and human burials within the proposed permit area.
Included with this list and map shall be a description of the effects the
proposed mining operations may have on these sites and any proposed mitigation
measures.
i. A description of the
present and historic land use of the permit area, the general patterns of land
use in the surrounding areas, and a narrative of land capability and
productivity based upon natural resource conservation service land use,
capability classes, or a similar classification.
5. Operation plan. In addition to the information requested in subsection 3 of section 43-02-02.3-10, an applicant shall provide the following information as applicable;
a. The identification of any toxic-forming or
acid-forming materials present or to be left on the site as a result of mining
or mineral processing.
b. In
addition to the estimated total acreages proposed to be disturbed, provide an
estimate of acreage to be either disturbed or reclaimed annually during the
permit term.
c. A description of
the plan for saving, protecting, and replacing the topsoil and
subsoil.
d. Maps and plans
indicating the location, size, and capacities for the mine facilities,
including:
(1) Leach pads, heaps, ore dumps,
and stockpiles;
(2)
Impoundments;
(3) Ponds;
(4) Diversions;
(5) Disposal systems;
(6) Pits;
(7) Tailings disposal facilities;
(8) Mills;
(9) Water treatment facilities;
(10) Storage areas for equipment, vehicles,
fuel, chemicals, and solutions;
(11) Topsoil and subsoil
stockpiles;
(12) Waste rock dumps;
and
(13) Other facilities or
structures.
e. A
contingency plan to mitigate impacts to wildlife when there has been an
emergency or accidental discharge of toxic substances that may impact
wildlife.
f. A description of
measures which will be undertaken to control sedimentation from the permit area
and a plan for the monitoring of nonpoint source sediment pollution from the
disturbed area.
6. Impact assessment. The operator shall provide a general narrative description identifying potential surface and subsurface impacts. This description will include, at a minimum:
a. Projected impacts to
surface and ground water systems;
b. Potential impacts to state and federal
threatened and endangered species or their critical habitats;
c. Projected impacts of the mining operation
on existing soil resources;
d.
Projected impacts of mining operations on slope stability, erosion control, air
quality, and public health and safety; and
e. Actions which are proposed to mitigate any
of the above referenced impacts.
7. Reclamation plan. Each application shall include a reclamation plan, including maps or drawings as necessary, consisting of a narrative description of the proposed reclamation, including:
a. A statement of the current land use and
the proposed postmining land use for the disturbed area, including a written
preference statement from the surface owner for the proposed postmine land
use.
b. A map at an appropriate
scale and an approximate schedule indicating the reclamation activities to take
place on disturbed areas of the mine site, including the number of acres to be
reclaimed. The operator will be required to follow the sequence described
unless modified or revised.
c. A
description of the manner and the extent to which roads, highwalls, slopes,
impoundments, drainages, pits and ponds, piles, drill holes, and similar
structures will be reclaimed to the approximate original contour.
d. A detailed description of any surface
facilities to be left as part of the postmining land use, included buildings,
utilities, roads, pads, ponds, pits, and surface equipment where the postmine
land use has been zoned as industrial or commercial land by the
county.
e. A description of the
treatment, location, and disposition of any toxic-forming or acid-forming
materials generated and left onsite, including a map showing the location of
such materials upon the completion of reclamation.
f. Plans for replacing the topsoil and
subsoil that is removed and saved.
g. A planting program as best calculated to
revegetate the disturbed area.
(1) Plans shall
include, at a minimum, soil stabilization procedures, seedbed preparation, seed
mixtures and rates, and timing of seeding.
(2) Where there is no original protective
vegetative cover, an alternative practical procedure must be proposed to
minimize or control erosion or siltation.
h. A topographic map of the anticipated
surface configuration of the permit area upon completion of reclamation
operations. The map shall be at appropriate contour intervals and
scale.
i. A statement that the
operator will conduct reclamation as required by these rules.
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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