N.D. Admin. Code 43-02-02-24.2

Current through Supplement No. 395, January, 2025

Section 43-02-02-24.2 - Reclamation of surface

1. Within a reasonable time, but not more than one year, after a well is plugged, or if a permit expires, has been canceled or revoked, the well site, access road, and other associated facilities constructed for the well shall be reclaimed as closely as practicable to original condition. Prior to site reclamation, the operator or the operator's agent shall file a sundry notice (form 4-sm) with the director and obtain approval of a reclamation plan. The operator or operator's agent shall provide a copy of the proposed reclamation plant to the surface owner at least ten days prior to commencing the work unless waived by the surface owner. Verbal approval to reclaim the site may be given. The notice must include:

a. The name and address of the reclamation contractor;

b. The name and address of the surface owner and the date when a copy of the proposed reclamation plan was provided to the surface owner;

c. A description of the proposed work, including topsoil redistribution and reclamation plans for the access road and other facilities; and

d. Reseeding plans, if applicable.

The commission will mail a copy of the approved notice to the surface owner.

All production equipment, waste, and debris shall be removed from the site. Flow lines shall be purged in a manner approved by the director. Flow lines shall be removed if buried less than three feet [91.44 centimeters] below final contour.

2. Gravel or other surfacing material shall be removed, stabilized soil shall be remediated, and the well site, access road, and other associated facilities constructed for the well shall be reshaped as near as is practicable to original contour.

3. The stockpiled topsoil shall be evenly distributed over the disturbed area, and where applicable, the area revegetated with native species or according to the reasonable specifications of the appropriate government land manager or surface owner.

4. Within thirty days after completing any reclamation, the operator shall file a sundry notice with the director reporting the work performed.

5. The director, with the consent of the appropriate government land manager or surface owner, may waive the requirement of reclamation of the site and access road after a well is plugged.

N.D. Admin Code 43-02-02-24.2

Effective July 1, 2013.

General Authority: NDCC 38-12-02

Law Implemented: NDCC 38-12-02