N.D. Admin. Code 43-02-02.3-11

Current through Supplement No. 395, January, 2025

Section 43-02-02.3-11 - Large mining operation permit requirements

In addition to information requirements set forth in subsections 1 through 3 of section 43-02-02.3-10, permit applications for large, noncoal, surface and subsurface mining operations and extraction facilities shall address the following:

1. Identification of interests. In addition to the information requirements set forth in subsection 1 of section 43-02-02.3-10, the applicant will provide the following information:

a. 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.

b. 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 a and the names and addresses of regulatory agencies with jurisdiction over the environmental aspects of those operations that could provide a compliance history for the operations.

c. The name and address of a designated agent for the service of notices and orders from the director.

d. A listing of all federal and state permits required for the operation.

2. A surface facilities map which identifies the locations of buildings; stationary mining/processing equipment; roads; underground utilities; power lines; proposed drainage control structures; the location of topsoil and subsoil storage areas; tailings or processed waste facilities; disposal areas for overburden; and solid and liquid wastes and wastewater discharge treatment and containment facilities.

3. Sampling and analysis plan.

a. The applicant shall submit four copies of a proposed sampling and analysis plan (SAP) to the director for review prior to baseline data collection. 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, drawings, 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. Adescriptionoftheorebody 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, including:

(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 and 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 from 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 of 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 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, capability classes, or a similar classification.

5. Operation plan. In addition to the information requested in subsection 3 of section 43-02-02.3-10, an applicant shall provide the following information as applicable;

a. 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.

b. In addition to the estimated total acreages proposed to be disturbed, provide an estimate of acreage to be either disturbed or reclaimed annually during the permit term.

c. A description of the plan for saving, protecting, and replacing the topsoil and subsoil.

d. 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.

e. A contingency plan to mitigate impacts to wildlife when there has been an emergency or accidental discharge of toxic substances that may impact wildlife.

f. A description of measures which will be undertaken to control sedimentation from the permit area and a plan for the monitoring of nonpoint source sediment pollution from the disturbed area.

6. Impact assessment. The operator shall provide a general narrative description identifying potential surface and subsurface impacts. This description will include, at a minimum:

a. Projected impacts to surface and ground water systems;

b. Potential impacts to state and federal threatened and endangered species or their critical habitats;

c. Projected impacts of the mining operation on existing soil resources;

d. Projected impacts of mining operations on slope stability, erosion control, air quality, and public health and safety; and

e. Actions which are proposed to mitigate any of the above referenced impacts.

7. Reclamation plan. Each application shall include a reclamation plan, including maps or drawings as necessary, consisting of 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 map at an appropriate scale and an approximate schedule indicating the reclamation activities to take place on disturbed areas of the mine site, including the number of acres to be reclaimed. The operator will be required to follow the sequence described unless modified or revised.

c. 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.

d. A detailed description of any surface facilities to be left as part of the postmining land use, included buildings, utilities, roads, pads, ponds, pits, and surface equipment where the postmine land use has been zoned as industrial or commercial land by the county.

e. 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.

f. Plans for replacing the topsoil and subsoil that is removed and saved.

g. 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.

h. 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.

i. A statement that the operator will conduct reclamation as required by these rules.

N.D. Admin Code 43-02-02.3-11

Effective July 1, 2013.

General Authority: NDCC 38-12-03

Law Implemented: NDCC 38-12-03