N.D. Admin. Code 69-05.2-05-07

Current through Supplement No. 393, July, 2024
Section 69-05.2-05-07 - Permit applications - Permit area determination -Porcelanite, sand, and gravel borrow pits

In determining whether porcelanite (scoria), sand, and gravel borrow pits may be excluded from the permit area where the pits are located near mining activities, the commission may consider the following factors, including:

1. Proximity of the pits to the mining and reclamation operations.
2. The acreage [hectarage] affected by the pits and the impact of pits adjacent to the mining operation upon land, air, or water resources.
3. Degree of dependency of the mining operation on the pits.
4. Degree of control over the operation of the pits by the permittee or operator.

N.D. Admin Code 69-05.2-05-07

Effective August 1, 1980; amended effective May 1, 1990.

General Authority: NDCC 38-14.1-03

Law Implemented: NDCC 38-14.1-14