N.D. Admin. Code 43-02-02.2-18

Current through Supplement No. 392, April, 2024

Section 43-02-02.2-18 - Permit application - Reclamation plan

Applications must include a reclamation plan that contains the following:

1. Discussion and information necessary to demonstrate that ground water restoration will be achieved, including:

a. A list of the proposed wellfields;

b. A map showing the estimated sequence for restoring the wellfields;

c. A potentiometric map of the ground water surface in the shallowest aquifer, production zone, and adjacent aquifers;

d. The geochemistry of the shallowest aquifer and the production zone and of up-gradient and down-gradient aquifers, to include oxidation-reduction conditions and common ions;

e. The direction and velocity of ground water movement through the producing zone;

f. The proposed methods to restore ground water quality, based on the geochemistry of the production zone and the chemistry of the mining solutions;

g. An estimated time schedule for restoring each wellfield; and

h. Proposed ground water quality restoration values;

2. A plan for well repair, abandonment, plugging, and conversion;

3. A plan for disposing drill cuttings;

4. An estimated time schedule for achieving reclamation, including ground water restoration and surface reclamation to be completed in not more than five years unless such period is extended by the department upon a finding that additional time is necessary to complete the reclamation plan;

5. Procedures for re-establishing any surface water quality and surface drainage that may be impacted by the mining operation;

6. Procedures for permanently disposing of any radioactive, toxic, or acid-forming materials;

7. Procedures for removing and disposing of structures used in conjunction with the mining operation;

8. Procedures for mitigating or controlling the effects of subsidence;

9. The removal and proper disposal of sludges from impoundments;

10. The removal and proper disposal of geomembranes from impoundments; and

11. On department forms, a cost-estimate for each activity needed for full reclamation, as computed in accordance with established engineering and accounting principles, including:

a. The cost of removing and disposing of structures;

b. The cost of regrading, depositing topsoil, and reseeding affected lands;

c. The cost of facilities, materials, and chemicals used for ground water restoration;

d. The cost of ground water restoration in the production zone;

e. The cost of water treatment;

f. The cost of capping, plugging, and sealing all wells;

g. The cost for collecting and analyzing samples from surface and ground water monitoring sites;

h. The cost for disposing of solid or hazardous waste, such as pond sludges or, when applicable, uranium by product material handling and disposal systems, including costs for onsite disposal systems; and

i. The cost for personnel working on reclamation-related activities.

A cost analysis for each activity to be conducted in implementing reclamation of the components of the proposed operation must be included. The method for calculating estimated reclamation costs must be described in detail and is subject to department approval.

N.D. Admin Code 43-02-02.2-18

Effective January 1, 2009.

Amended by Administrative Rules Supplement 2020-378, October 2020, effective 10/1/2020.

General Authority: NDCC 38-12-02

Law Implemented: NDCC 38-12-02