Section 69-05.2-09-02 - Permit applications - Operation plans - Maps and plansEach application must contain an appropriate combination of 1:4,800 scale topographic maps, planimetric maps, and plans of the proposed permit and adjacent areas showing:
1. Scale, date, permit boundaries, company name, legal subdivision boundaries, and legend.2. Lands to be affected throughout the operation and any change in a facility or feature caused by the operations, if the existing facility or feature was shown under chapter 69-05.2-08.3. The boundaries of areas to be affected during the permit term according to the sequence of mining and reclamation operations and a description of size and timing of operations for each coal or commercial leonardite removal subarea.4. Pit layout and proposed sequence of mining operations, crop line, spoil placement areas, final graded spoil line, highwall areas to be backsloped, and areas for stockpiling suitable plant growth material or other suitable strata.5. Location of proposed surface water management structures and identification of permanent water impoundments or stream channel alignments.6. Location of coal or commercial leonardite processing waste dams and embankments under section 69-05.2-09-09, and fill areas for the disposal of initial cut and other excess spoil under section 69-05.2-09-14 and North Dakota Century Code section 38-14.1-24.7. Buildings, utility corridors, proposed and existing haul roads, mine railways, and other support facilities.8. Each coal or commercial leonardite storage, cleaning and loading area, and each coal or commercial leonardite waste and noncoal waste storage area. For noncoal wastes that will be disposed of in the proposed permit area, the applicant must provide a description of any wastes listed under subdivision i of subsection 2 of section 33-20-02.1-01 and any other wastes requiring a permit from the state department of health. The location of any such disposal areas must be shown on a map of the permit area.9. Each explosive storage and handling facility.10. Each air pollution collection and control facility.11. Each habitat area to be used to protect and enhance fish and wildlife and related environmental values.12. Each source of waste and each waste disposal facility relating to coal or commercial leonardite processing or pollution control.13. Each bond area, scheduled according to the proposed sequence of operations. Include the bond or guarantee amount for each area.14. If an applicant proposes to remine or otherwise disturb lands that were affected by coal or commercial leonardite mining activities prior to January 1, 1970: a. Detailed maps and other available information that clearly depicts the boundaries of the site that was previously affected by mining activities before January 1, 1970. This includes the identification of any sinkholes and other features that are the result of any past underground coal or commercial leonardite mining activities.b. The applicant must identify and describe potential environmental and safety problems related to prior mining activity at the site and those that could be reasonably anticipated to occur. This identification must be based on a due diligence investigation which includes visual observations at the site, a record review of past mining at the site, and any necessary environmental sampling tailored to the current condition of the site.c. With regard to potential environmental and safety problems referred to in subdivision b, a description of the mitigative measures that will be taken to ensure that the applicable reclamation requirements can be met. Maps and plans required under subsections 5, 6, and 12 must be prepared by, or under the direction of, and certified by a qualified registered professional engineer, a qualified registered land surveyor, or qualified professional geologist with assistance from experts in related fields. However, maps, plans, and cross sections submitted according to section 69-05.2-09-09 may only be prepared by, or under the direction of, and certified by a qualified registered professional engineer or qualified registered land surveyor.
N.D. Admin Code 69-05.2-09-02
Effective August 1, 1980; amended effective June 1, 1983; June 1, 1986; May 1, 1990; June 1, 1997; April 1, 2011.Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14