When rills and gullies deeper than nine inches [22.86 centimeters] form in areas that have been regraded and respread with suitable plant growth material, the operator shall fill, grade, or otherwise stabilize the rills and gullies and reseed or replant the area. The commission will require rills or gullies of lesser size to be filled, graded, or otherwise stabilized and the area reseeded or replanted if the rills or gullies would preclude the successful establishment of vegetation or the achievement of the postmining land use or if the rills or gullies may result in additional erosion and sedimentation.
N.D. Admin Code 69-05.2-15-06
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24