Current through Supplement No. 392, April, 2024
The land surface of the permit area will be restored as
nearly aspossible to its original condition unless conflicting with the
approved postminingland use. Each reclamation plan must be developed to meet
the site-specificcharacteristics of the mining operation and the site.
1. Most appropriate technology and best
management practices.The mining operation and the reclamation plan shall be
designedand operated using the most appropriate technology and the
bestmanagement practices.
2.
Contemporaneous reclamation. Contemporaneous reclamation isrequired to the
maximum extent practicable and in a manner that isconsistent with the approved
reclamation plan. All reclamation workmust be completed within three years of
completion of mining.
3. Assure
protection. The mining operation and completed reclamationshall meet the
following requirements established to assure protectionof human health and
safety, the environment, wildlife, and domesticanimals.
a. Signs, markers and safeguarding. Measures
will be taken tosafeguard the public to prevent falls from highwalls or pit
edges.Depending on site-specific characteristics, the following measuresshall
be required:
(1) Posting warning signs in
locations near hazardous areas;
(2)
Restricting access to hazardous areas;
(3) Marking the permit area
boundaries;
(4) Posting a sign at
the main entrances giving a telephonenumber of a person to call in the event of
emergenciesrelated to the mine; or
(5) Other measures as needed to protect human
safety.
b. Wildlife
protection. Measures shall be taken to minimize adverseimpacts on wildlife and
important habitat. Based on site-specificcharacteristics, the following
measures will be required:
(1) Restricting
access of wildlife and domestic animals to toxicchemicals or otherwise harmful
materials;
(2) Minimizing harm to
wildlife habitat during mining; and
(3) Reclaiming areas of wildlife habitat if
not in conflict with theapproved postmining land use.
c. Cultural resources. Cultural resources
listed on or eligible for listingon the national register of historic places,
and any cemeteries orburial grounds shall be protected until clearance has been
grantedby the appropriate authority.
d. Hydrologic balance. Operations shall be
planned and conductedto minimize change to the hydrologic balance in both the
permitand potentially affected areas. If not in conflict with the
approvedpostmining land use, reclamation shall result in a hydrologicbalance
similar to premining conditions unless nonmining impactshave substantially
changed the hydrologic balance.
(1) Operations
shall be designed so that nonpoint source surfacereleases of acid or other
toxic substances shall be containedwithin the permit area, and that all other
surface flows from the disturbed area are treated to meet all applicable state
andfederal regulations.
(2) The
disturbed areas shall not contribute suspended solidsabove background levels,
or where applicable the statedepartment of health standards, to ephemeral,
intermittent,and perennial streams.
(3) To provide data to determine background
levels for surfacewater entering the permit area, appropriate monitoring
shallbe conducted on drainages leading into the permit area.
(4) All diversions of overland flow shall be
designed, constructed,and maintained to minimize adverse impacts to the
hydrologicbalance and to assure the safety of the public.
(a) No diversion shall be located so as to
increase thepotential for landslides.
(b) Unless site-specific characteristics
require a differentstandard which is included in the approved permit,diversions
which have watersheds larger than tenacres shall be designed, constructed, and
maintainedto safely pass the peak runoff from a ten-year,twenty-four-hour
precipitation event.
(c) All
diversion designs which have watersheds largerthan ten acres shall be included
in the permit applicationand certified by a registered professional
engineer.Diversion designs shall be kept onsite or otherwisebe made available,
upon request, to the director forinspection.
(d) When no longer needed, temporary
diversions shall beremoved and the disturbed area reclaimed.
e. Stream diversions.
When streams are to be diverted, the streamchannel diversion shall be designed,
constructed, and removed inaccordance with the following:
(1) Unless site-specific characteristics
require differentmeasures to meet the performance standard and areincluded in
the approved permit, the combination of channel,bank and floodplain
configurations shall be adequate tosafely pass the peak runoff of a ten-year,
twenty-hour-hourprecipitation event for temporary diversions, and
ahundred-year, twenty-four-hour precipitation event forpermanent
diversions;
(2) The design and
construction of all intermittent and perennialstream channel diversions shall
be certified by a registeredprofessional engineer. As-built drawings shall be
completedpromptly after construction and be included in the permitapplication
and retained onsite or otherwise made availableupon request to the director;
and
(3) When no longer needed,
temporary stream channeldiversions shall be removed and the disturbed
areareclaimed.
f.
Impoundments. If impoundments are required, they shall bedesigned, constructed,
and maintained to minimize adverseimpacts to the hydrologic balance and
adjoining property and toassure the safety of the public.
(1) Unless site-specific characteristics
require differentmeasures to meet the performance standard and areincluded in
the approved permit, impoundments havingearthen embankments but not subject to
the jurisdictionof the mine safety and health administration or the
statedepartment of health shall:
(a) Have a
minimum elevation at the top of the settledembankment of two feet above the
water surface in thepond with the spillway flowing at the design
depth;
(b) Have a top width of the
embankment not less than sixfeet;
(c) Have combined upstream and downstream
sideslopes of the settled embankment not less than fivehorizontal: one vertical
with neither slope steeper thantwo horizontal: one vertical. Slopes shall be
vegetatedor otherwise stabilized to control erosion;
(d) Have the embankment foundation cleared of
allvegetative matter, all surfaces sloped to no steeperthan one horizontal: one
vertical and the entirefoundation area scarified;
(e) Have fill material free of vegetative
matter and frozensoil;
(f) Have
sufficient capacity for sediment storage and havesediment removed when that
capacity is reached; and
(g) Have
spillways provided to safely discharge thepeak runoff of a twenty-five-year,
twenty-four-hour precipitation event, or an event with a ninety percentchange
of not being exceeded for the design life of thestructure; or
(h) Have other site-specific design criteria
forembankments as long as they result in a minimumstatic safety factor for 1.3
with water impounded to thedesign level;
(i) Be designed and certified by a registered
professionalengineer. As-built drawings shall be completedpromptly after
construction and be retained onsiteor otherwise made available upon request to
thedirector; and
(j) If necessary
for sediment control, be in place beforeany other disturbance to the watershed
for theimpoundment.
(2)
When no longer required, impoundments shall be graded toachieve positive
drainage unless:
(a) The surface estate owner
has requested in writing thatthey be retained;
(b) They are consistent with the approved
reclamationplan; and
(c) They are
appropriate for the postmining land use for theself-sustaining
ecosystem.
g.
Minimization of mass movement. All temporary stockpiles shall beconstructed and
maintained to minimize mass movement.
h. Riparian and wetland areas. Disturbance to
riparian and wetlandareas shall be minimized during mining. Adverse effects to
riparianand wetland areas shall be mitigated during reclamation unless
themitigation conflicts with the approved postmining land use.
i. Roads. Roads shall be constructed and
maintained to controlerosion.
(1) Drainage
control structures shall be used as necessary tocontrol runoff and to minimize
erosion, sedimentation, andflooding. Culverts or other drainage facilities
shall be installedas road construction progresses and shall be capable ofsafely
passing a ten-year, twenty-four-hour precipitationevent unless site-specific
characteristics indicate a differentstandard is appropriate and is included in
the approved permit. Culverts and drainage pipes shall be constructedand
maintained to avoid plugging, collapsing, or erosion.
(2) Roads to be constructed in or across
intermittent or perennialstreams require site-specific designs to be submitted
with thepermit application.
(3)
Permanent roads must be approved by the surface owner andbe consistent with the
approved postmining land use.
j. Explosives. Blasting shall be conducted to
prevent injury topersons or damage to property not owned by the operator.
Flyrock shall be confined to the permit area. The director may requirea
detailed blasting plan, preblast surveys or specify blast designlimits to
control possible adverse effects to structures.
4. Reclamation of surface facilities. The
permit area shall be stabilized,to the extent practicable, to minimize future
impact to the environmentand protect air and water resources. Unless otherwise
approved bythe department, the reclamation of surface facilities shall include
theremoval of all buildings, road, and structures, and the surface restoredas
nearly as possible to its original condition. Tailings impoundmentsand ponds
must be reclaimed and filled in and respread with topsoil andsubsoil. All
grading, backfilling, and topographic reconstruction mustcontrol erosion and
sedimentation, protect areas outside the affectedland from slides or other
damage, and minimize the need for long-termmaintenance.
Measures must be taken to reduce, to the extent practicable,
theformation of acid and other toxic drainage that may otherwise occurfollowing
closure to prevent releases that cause federal or statestandards to be
exceeded. Nonpoint source surface releases for acidor other toxic substances
shall be contained within the permit area.
Pond and impoundment reclamation must meet the
followingrequirements:
a. Pond sludge
must be chemically characterized to determinewhether further treatment is
necessary before disposal. Sludgemust be removed for disposal at on offsite
permitted solid wastefacility or buried and covered onsite in a solid waste
facilitypermitted in accordance with the applicable solid waste rules inNorth
Dakota Administrative Code article 33-20; and
b. Geomembranes must be removed from
impoundments, unless it isdemonstrated to the department's satisfaction that
they will serve auseful function consistent with the approved postmining land
use.The geomembrane material must be disposed of in a permitted landfill or may
be disposed of onsite only if the operator first securesa solid waste permit in
compliance with 30-20.
5. Topsoil and subsoil. The operator shall
take measures to remove andsave all available topsoil and subsoil and protect
it from erosion orcontamination and assure that it is in a usable condition for
sustainingvegetation when needed The following requirements shall be metunless
site-specific characteristics mandate different requirements andthose
requirements are included in the approved permit.
a. Topsoil and subsoil shall be sampled and
analyzed for vegetationestablishment suitability:
(1) Sample spacing and interval shall be
based on site-specificmaterials; and
(2) Suitability will be identified by
analysis based on site-specificmaterials.
b. Revegetation must be a component of the
reclamation plan andall available topsoil and subsoil must be salvaged and
replaced ondisturbed areas.
c.
Where direct distribution of topsoil and subsoil is not possible, itshall be
stockpiled separately and in a manner to prevent loss ofthe resource.
d. Topsoil and subsoil shall be distributed
in a manner to establish andmaintain vegetation, consistent with the approved
permit.
e. After distribution,
topsoiled and subsoiled areas shall be stabilizedto protect loss of the
resource.
f. Where topsoil has been
stockpiled for more than one year, theoperator may be required to conduct
analyses to determine ifamendments are necessary.
6. Erosion control. Reclamation of disturbed
lands must result ina condition that minimizes erosion. Revegetated lands must
notcontribute suspended solids above background levels, or whereapplicable, the
state department of health standards, to streamflowof intermittent and
perennial streams. Acceptable practices to controlerosion include the
following:
a. Stabilizing disturbed areas
through land shaping, berming, orgrading to final contour;
b. Minimizing reconstructed slope lengths and
gradients;
c. Diverting
runoff;
d. Establishing
vegetation;
e. Regulating channel
velocity of water;
f. Lining
drainage channels with rock, vegetation, or othergeotechnical materials;
and
g. Mulching.
7. Revegetation. Revegetated lands
must meet the following standards:
a.
Revegetation success for a return as near as possible to originalcondition
shall be determined through comparison of ground cover,productivity, and
diversity and shall be made on the basis of thefollowing approved reference
areas:
(1) Foliage or basal cover and
productivity of living perennialplants of the revegetated area shall be
established equal toninety percent of the reference area or equal to the
approvedrevegetation standard using scientifically valid
samplingtechniques;
(2) Diversity
of plant life forms (woody plants, grasses, forbs)shall consider what is
reasonable based on the physicalenvironment of the reclaimed area;
and
(3) Woody plant species shall
be established to the approveddensity standard.
b. For areas for which the approved
postmining land use is for wildlifehabitat or forest land, success of
vegetation shall be determined onthe basis of tree or shrub stocking (density)
and ground cover.
(1) The ground cover of
living perennial plants shall be equal toninety percent of the native ground
cover of the referencearea or other approved standard and shall be adequate
tominimize erosion.
(2) Tree
density for forest land shall have establishment ratesof plant species equal to
ninety percent of the approvedreference area or other approved standard and
shall beadequate to minimize erosion.
(3) If wildlife habitat is to be the
postmining land use, the operatorshall select and use plant species on the
reclaimed areasbased on the following criteria:
(a) Their proven nutritional value for fish
and wildlife;
(b) Their uses as
cover and security for wildlife;
(c) Their ability to support and enhance fish
and wildlifehabitat; and
(d)
Distribution of plant life forms to maximize benefitsof edge effect, cover, and
other benefits for fish andwildlife.
c. Revegetation for other postmining land
shall be consistent with theapproved postmining land use. Site-specific
standards may includestandards for foliar or basal cover, production, and
diversity and willbe included in the approved permit.
