Section 69-05.2-08-08 - Permit applications - Permit area - Vegetation and land use information1. The application must contain the following premining vegetation information: a. A map or aerial photograph at a scale of 1:4,800 that delineates the existing mapping units within each premining land use. The mapping units for different land use categories are: (1) For cropland, each soil mapping unit. (2) For tame pastureland, each soil mapping unit. (3) For native grasslands, each ecological site. The soil mapping unit in each ecological site must also be delineated. (4) For woodland, each woodland type, i.e., trees, tall shrubs, and low shrubs. (5) For fish and wildlife habitat, each vegetation type as further specified in subparagraphs a, b, and c. (a) For woodland, each woodland type, i.e., trees, tall shrubs, and low shrubs; (b) For wetlands, wetland classes based on ecological differentiation as set forth in Classification of Natural Ponds and Lakes in the Glaciated Prairie Region (United States department of the interior (1971)) or other approved classification system. (c) For grasslands (native or introduced), each soil mapping unit. (6) For shelterbelts, the entire planting. b. For each land use, a comprehensive species list of higher plants and identification of any species of rare, endangered, poisonous, or noxious plants, developed by a thorough reconnaissance of all mapping units. c. A description of each mapping unit delineated under subdivision a. This description must include: (1) The acreage [hectarage] of each mapping unit for each surface owner within the permit area. (2) An assessment of the productivity of cropland, tame pastureland, and native grassland based on published data, historic data, or quantitative data. (3) Natural resource conservation service similarity index in percent for native grassland. (4) A detailed description of number and arrangement of trees and shrubs, probable age of trees, height of trees, and characteristics of understory vegetation for woodland and fish and wildlife habitat where woodland is the vegetation type. (5) A detailed description of community structure, assemblages of plant species, water conditions, and size for fish and wildlife habitat where wetlands are the vegetation type. (6) A description of number and arrangement of trees and shrubs, length and number of rows, and associated plant species for shelterbelts. (7) When required for the proposed success standard, a quantitative assessment of applicable vegetation parameters using methods approved by the commission. d. A detailed narrative describing the nature and variability of the vegetation in each mapping unit and land use category, based on a thorough reconnaissance and qualitative assessment. 2. When the methods selected for subdivision g of subsection 6 of section 69-05.2-09-11 require the use of reference areas: a. The number of reference areas proposed must be sufficient to adequately represent the permit area. b. The location, approximate size, and boundaries of all proposed reference areas must be located on a map of sufficient scale to accurately show the field location of each. The boundaries of the mapping unit in which the reference area is located must also be delineated. c. The permittee shall demonstrate that the proposed reference areas adequately characterize the relevant mapping units which they propose to represent. This demonstration must be done according to methods approved by the commission. 3. The application must contain, in addition to materials satisfying subdivision a of subsection 2 of North Dakota Century Code section 38-14.1-14: a. A map and supporting narrative of the uses of the land existing at the time the application is filed. If the premining use of the land was changed within five years before the anticipated date of beginning the proposed operations, the historic use must also be described. b. A narrative of land capability and productivity, which analyzes the land use description under subdivision a in conjunction with other environmental resources information required under this chapter 4. The application must contain a narrative description which includes information adequate to predict the potential for reestablishing vegetation on all areas to be disturbed. N.D. Admin Code 69-05.2-08-08
Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; June 1, 1997; January 1, 2009.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14, 38-14.1-24