North Dakota Administrative Code
Title 89 - Water Commission
Article 89-04 - Water Management Plans for Surface Coal Mining Operations
Chapter 89-04-06 - Stream Channel Diversions
Section 89-04-06-01 - Construction and design requirements
Current through Supplement No. 394, October, 2024
Flow from perennial and intermittent streams within the permit area may be diverted only when the diversions are approved by the state engineer and they are in compliance with local, state, and federal statutes and regulations. When streamflow is allowed to be diverted, the new stream channel shall be designed and constructed to meet the following requirements:
1. The average stream gradient shall be maintained and the channel designed, constructed, and maintained to remain stable and to prevent additional contributions of suspended solids to streamflow, or to runoff outside the permit area to the extent possible, using the best technology currently available. In no event shall such contributions be in excess of requirements set by applicable state or federal law. Erosion control structures such as channel lining structures, retention basins, and artificial channel roughness structures shall be used only when approved by the state engineer for temporary diversions where necessary or for permanent diversions where they are stable and will require only infrequent maintenance.
2. Channel, bank, and floodplain configurations shall be adequate to safely pass the peak runoff of a precipitation event with a ten-year recurrence interval for temporary diversions and a hundred-year recurrence interval for permanent diversions, or larger events as specified by the state engineer.
General Authority: NDCC 28-32-02, 61-02-11, 61-03-13
Law Implemented: NDCC 61-02-14, 61-16.1-38
