Section 43-02-03-34.1 - Reclamation of surface1. 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, or a treating plant or saltwater handling facility is decommissioned, the site, access road, and other associated facilities constructed must be reclaimed as closely as practicable to original condition pursuant to North Dakota Century Code section 38-08-04.12. Prior to site reclamation, the operator or the operator's agent shall file a well sundry form or facility sundry notice with the director and obtain approval of a reclamation plan. The operator or operator's agent shall provide a copy of the proposed reclamation plan 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 associated facilities; andd. Reseeding plans, if applicable. The commission will mail a copy of the approved notice to the surface owner.
All equipment, waste, and debris shall be removed from the site. All pipelines shall be purged and abandoned pursuant to section 43-02-03-29.1. Flow lines shall be removed if buried less than three feet [91.44 centimeters] below final contour.
2. Gravel or other surfacing material must be removed, stabilized soil shall be remediated, and the site, access road, and other associated facilities constructed for the well, treating plant, or saltwater handling facility shall be reshaped as near as practicable to original contour.3. The stockpiled topsoil must be distributed evenly 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. A site assessment may be required by the director, before and after reclamation of the site.5. Within thirty days after completing any reclamation, the operator shall file a sundry notice with the director reporting the work performed.6. 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 or treating plant or saltwater handling facility is decommissioned. The director shall record documentation of the waiver with the recorder of the county in which the site or road is located.N.D. Admin Code 43-02-03-34.1
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.Amended by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.Amended by Administrative Rules Supplement 2022-384, April 2022, effective 4/1/2022.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 38-08-04
Law Implemented: NDCC 38-08-04