North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02.4 - Solution Mining
Section 43-02-02.4-08 - Solution mining operation permit requirements
Universal Citation: ND Admin Code ยง 43-02-02.4-08
Current through Supplement No. 392, April, 2024
Permit applications for solution mining operations shall address the following:
1. Identification of interests to include:
a. The
name and address of the operator responsible for the mining operations and
reclamation of the site.
b. 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.
c. 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 b and the names and addresses of
regulatory agencies with jurisdiction over the environmental aspects of those
operations and that could provide a compliance history for the
operations.
d. The name and address
of the surface landowners and mineral owners of all land to be affected by the
mining operation.
e. The name and
address of a designated agent for the service of notices and orders from the
director.
f. The mine name and the
mine safety and health administration identification number.
g. A listing of all federal and state permits
required for the operation.
h. The
identification of all property interests the applicant holds, including
options, in the lands for which a permit is sought and in all contiguous land.
This identification must cover surface and subsurface interests and legal
descriptions must be provided identifying the location of each interest and
option.
2. Project location description and maps plotted at a scale to accurately identify locational landmarks and operational details, to include:
a. A legal description of the proposed permit
area.
b. The general location as
shown on a topographic map which gives the location of the following:
perennial, intermittent, and ephemeral streams; springs and seeps; wetlands,
riparian areas, lakes and other water bodies; residences, businesses, and other
structures; existing and proposed roads; other access routes; support
facilities; cemeteries; burial grounds; cultural resources listed on the
national register of historic places; electrical transmission and communication
lines; pipelines; and oil, gas, and water wells on and within one-half mile of
the permit area.
c. An operations
map which identifies:
(1) The area to be
disturbed;
(2) The location of any
existing or proposed operations including access roads, drill holes, trenches,
pits, cuts, or other planned small mining activities; and
(3) Any adjacent previous disturbance for
which the operator is not responsible.
d. A surface facilities map which identifies:
buildings; stationary mining/processing equipment; roads; utilities; power
lines; proposed drainage control structures; the location of topsoil and
subsoil storage areas; tailings or processed waste facilities; disposal areas
for overburden; solid and liquid wastes and wastewater discharge treatment and
containment facilities.
3. Sampling and analysis plan.
a. The applicant shall submit a proposed
sampling and analysis plan (SAP) to the director for review prior to baseline
data collection. Four copies should be submitted to facilitate the review. 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, drawing, 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. A description
of the ore body 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 to
include:
(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 or
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 form 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 and 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 of 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.
5. Operation plan. Provide a brief narrative description of the proposed mining operation. The description must include the following information:
a. A general description of the minerals
sought, the methods of extraction, and any processing to be conducted onsite.
Any chemicals to be used on site must be identified.
b. An estimate of depth to ground water and
total dissolved solids concentration.
c. Estimated width and length of any new
roads to be constructed.
d. 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.
e. A discussion of plans for saving and
replacing topsoil and subsoil from the areas to be affected.
f. The amount of material (including mineral
deposit, overburden, waste rock, or core hole material) to be extracted, moved,
or proposed to be moved, relating to the mining operation.
g. 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.
h. Plans for
any structures that will be used for managing runoff from the disturbed areas
and a discussion of other sediment control measures that will be
used.
i. A contingency plan to
mitigate impacts to wildlife when there has been an emergency or accidental
discharge of toxic substances that may impact wildlife.
6. Reclamation plan. A reclamation plan will include maps or drawings as necessary and 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 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.
c. A detailed
description of any surface facilities to be left as part of the postmining land
use, including buildings, utilities, roads, pads, ponds, pits, and surface
equipment in those instances where the postmine land use has been zoned as
industrial or commercial land by the county.
d. 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.
e. Plans
for replacing the topsoil and subsoil that is removed and saved.
f. 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.
g. 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.
h. 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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