N.D. Admin. Code 43-02-02.4-42

Current through Supplement No. 394, October, 2024

Section 43-02-02.4-42 - Operational practices

The operator shall conform to the following practices:

1. The mining and reclamation operation shall be designed and operated using the most appropriate technology and best management practices.

2. Public safety and welfare. The operator shall minimize hazards to the public safety and welfare during operations. Methods to minimize hazards shall include:

a. The disposal of trash, scrap metal and wood, and extraneous debris;

b. The plugging or capping of drill, core, or other exploratory holes pursuant to section 43-02-02-24;

c. The posting of appropriate warning signs in locations where public access to operations is readily available; and

d. The construction of berms, fences, or barriers above highwalls or other excavations.

3. Drainages. If natural channels are to be affected by the mining operation, then the operator shall take appropriate measures to avoid or minimize environmental damage.

4. Erosion control. Operations shall be conducted in a manner such that sediment from disturbed areas is adequately controlled. The degree of erosion control shall be appropriate for the site-specific and regional conditions of topography, soil, drainage, water quality, or other characteristics.

5. Toxic-forming materials. All toxic-forming or potentially deleterious material shall be safely removed from the site or kept in an isolated condition such that adverse environmental effects are eliminated or controlled.

6. Soils. All available topsoil and subsoil shall be removed, stored, and stabilized. The salvaged topsoil and subsoil must be respread following the backfill and grading of disturbed areas.

7. Concurrent reclamation. During operations, disturbed areas shall be reclaimed as soon as practicable when no longer needed, except to the extent necessary to preserve evidence of mineralization for proof of discovery. Areas which have been disturbed but are not routinely or currently utilized shall be kept in a safe, environmentally stable condition. All reclamation work through seeding must be completed within three years of completion of mining.

N.D. Admin Code 43-02-02.4-42

Effective July 1, 2013.

General Authority: NDCC 38-12-02

Law Implemented: NDCC 38-12-02