Section 69-05.2-09-03 - Permit applications - Operation plans Existing structures1. Each application must contain a description of each existing structure in the proposed permit or adjacent permit areas used to support the surface coal mining and reclamation operation. The description must include: c. Approximate beginning and ending construction dates. d. A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards and design requirements of this article and North Dakota Century Code section 38-14.1-24. 2. The applicant shall modify or reconstruct a nonconforming structure to meet the design standards of this article after approval of the compliance plan required in subsection 3. 3. Each application must contain a compliance plan for each structure to be modified or reconstructed and include: a. Specifications to meet the design and performance standards of this article and North Dakota Century Code section 38-14.1-24. b. A construction schedule showing dates for beginning and completing interim steps and final reconstruction. c. Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards are met. d. A showing that the risk to the environment or to public health or safety is not significant during modification or reconstruction. 4. A structure which meets the performance standards of this article and North Dakota Century Code section 38-14.1-24 but does not meet the design requirements of this article may be exempted from those design requirements. The commission may grant this exemption as part of the application process after obtaining the information required by this section and making the finding required by section 69-05.2-10-04. N.D. Admin Code 69-05.2-09-03
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14