Section 43-02-01-20 - Performance standards for coal explorationThe performance standards in this section are applicable to coal exploration which substantially disturbs land surface and on land designated unsuitable for mining under North Dakota Century Code section 38-14.1-05. Whether the land surface will be substantially disturbed shall be determined by the state geologist.
1. For purposes of this section, "substantially disturb" means, for purposes of coal exploration, to impact significantly upon land, air, or water resources by such activities as blasting, mechanical excavation, drilling or altering coal or water exploratory holes or wells, construction of roads and other access routes, and the placement of structures, excavated earth, or other debris on the surface of land. 2. Coal exploration activities which will substantially disturb land surface shall not be allowed to affect the following: a. Habitats of unique value for fish, wildlife, and other related environmental values. b. Threatened or endangered species of plants or animals listed by the Endangered Species Act of 1973, as amended [ 16 U.S.C. 1531 et seq.] and their critical habitats. c. Species such as eagles, migrating birds or other animals protected by state or federal law, and their habitats. d. Habitats of unusually high value for fish and wildlife, such as wetlands, riparian areas, cliffs, supporting raptors, areas offering special shelter or protection, reproduction and nursery areas, and wintering areas. 3. The person who conducts coal exploration shall, to the extent practicable, measure important environmental characteristics of the exploration area during the operations, to minimize environmental damage to the area and to provide supportive information for any permit application that person may submit as part of the permit application. a. Vehicular travel on other than established graded and surfaced roads shall be limited by the person who conducts coal exploration to that absolutely necessary to conduct the exploration. Travel shall be confined to graded and surface roads during periods when excessive damage to vegetation or rutting of the land surface could result. b. Any new road in the exploration area shall comply with the provisions of chapter 69-05.2-24. c. Existing roads may be used for exploration in accordance with the following: (1) All applicable federal, state, and local requirements shall be met. (2) If the road is significantly altered for exploration, including, but not limited to, change of grade, widening, or change of route, or if use of the road for exploration contributes additional suspended solids to streamflow or runoff, then subsection 7 and subsections 1 and 2 of section 69-05.2-24-01 shall apply to all areas of the road which are altered or which result in such additional contributions. A road is altered if it is constructed, reconstructed, improved, or maintained in any way that causes the changes described in this section. (3) If the road is significantly altered for exploration activities and will remain as a permanent road after exploration activities are completed, the person conducting exploration shall ensure that the requirements of 69-05.2-24, as appropriate, are met for the design, construction, alteration, and maintenance of the road. d. Promptly after exploration activities are completed, existing roads used during exploration shall be reclaimed either: (1) To a condition equal to or better than their preexploration condition; or (2) To the condition required for permanent roads under 69-05.2-24, as appropriate. 4. If excavations, artificial flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration. 5. Suitable plant growth material, as defined in subsection 31 of North Dakota Century Code section 38-14.1-02 shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation or as required by the commission. 6. Revegetation of areas disturbed by coal exploration shall be performed by the person who conducts the exploration or the person's agent. All revegetation shall be in compliance with the plan approved by the commission and carried out in a manner that encourages prompt vegetative cover and recovery of productivity levels compatible with approved postexploration land use and in accordance with the following: a. All disturbed lands shall be seeded or planted to the same seasonal variety native to the disturbed area or to some suitable, commercially available mixture approved by the state geologist. If both the preexploration and postexploration land uses are intensive agriculture, planting of the crops normally grown will meet the requirements of this section. b. The vegetative cover shall be capable of stabilizing the soil surface in regards to erosion. 7. With the exception of small and temporary diversions of overland flow of water around new roads, drill pads, and support facilities, no ephemeral, intermittent or perennial stream shall be diverted during coal exploration activities. Overland flow of water shall be diverted in a manner that: b. To the extent possible using the best technology currently available, prevents additional contributions of suspended solids to streamflow or runoff outside the exploration area. c. Complies with all other applicable state or federal requirements. 8. Each exploration hole, borehole, well, or other exposed underground opening created during exploration must be cased or sealed to meet the requirements of 69-05.2-14 and section 43-02-01-14. 9. All facilities and equipment shall be removed from the exploration area promptly when they are no longer needed for exploration, except for those facilities and equipment that the state geologist determines may remain to: a. Provide additional environmental quality data. b. Reduce or control the onsite or offsite effects of the exploration activities. c. Facilitate future surface mining and reclamation operations by the person conducting the exploration, under an approved permit. 10. Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance, and shall include appropriate sediment control measures such as those specified in section 69-05.2-16-08. The commission may specify additional measures which shall be adopted by the person engaged in coal exploration. 11. Toxic-forming materials shall be handled and disposed of in accordance with sections 69-05.2-16-11 and 69-05.2-21-03. If specified by the commission, additional measures shall be adopted by the person engaged in coal exploration. N.D. Admin Code 43-02-01-20
Effective August 1, 1980; amended effective March 1, 1991; April 1,1994.General Authority: NDCC 38-12.1-04
Law Implemented: NDCC 38-12.1-04