N.D. Admin. Code 43-02-13-19
In the construction of a well site, access road, and all associated facilities, the topsoil must be removed, stockpiled, and stabilized or otherwise reserved for use when the area is reclaimed. "Topsoil" means the suitable plant growth material on the surface; however, in no event may this be deemed to be more than the top twelve inches [30.48 centimeters] of soil or deeper than the depth of cultivation, whichever is greater. Soil stabilization materials, liners, fabrics, and other materials to be used onsite, on access roads or associated facilities, must be reported on a sundry notice to the director within thirty days after application. The reclamation plan for such materials also must be included. When necessary to prevent pollution of the land surface and fresh waters, the director may require the site to be sloped and diked. Sites may not be located in, or hazardously near, bodies of water, nor may the sites block natural drainages. Sites and associated facilities must be designed to divert surface drainage from entering the site. Sites or appropriate parts thereof must be fenced if required by the director. Sites must be stabilized to prevent erosion.
N.D. Admin Code 43-02-13-19
General Authority: NDCC 38-23-04
Law Implemented: NDCC 38-23-04