Section 69-05.2-16-04 - Performance standards - Hydrologic balance - Water quality standards and effluent limitations1. The operator must comply with the following requirements: a. All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, must be passed through a sedimentation pond, a series of sedimentation ponds, or other sediment control measures before leaving the permit area. b. Sedimentation ponds and other sediment control measures must be maintained until removal is authorized by the commission and the disturbed area has been stabilized and revegetated. The ponds or other sediment control measures may not be removed sooner than two years after the last augmented seeding unless the last augmented seeding is a supplemental seeding into an established vegetation stand that is effectively controlling erosion. c. The commission may allow the use of other sediment control measures for primary sediment control if: (1) The disturbed drainage area within the total disturbed area is small, the disturbed areas have been regraded, respread with topsoil, and stabilized against erosion, or the state department of health has approved the use of best management practices as the effluent limitation; and (2) The permittee or operator demonstrates that sedimentation ponds are not necessary for drainage from the disturbed drainage areas to meet the effluent limitations referenced in subdivision g and the applicable state water quality standards for downstream receiving waters. d. For the purposes of this chapter only, "disturbed area" shall not include areas in which only diversion ditches, sedimentation ponds, or roads are installed in accordance with this article and the upstream area is not otherwise disturbed by the operator. e. Sedimentation ponds and other sediment control measures must be constructed and installed according to the plans in the approved permit before beginning surface mining activities in the drainage area to be affected. f. Mixed drainage from disturbed and undisturbed land must meet effluent limitations before it leaves the permit area. g. Discharges of water from areas disturbed by surface mining activities must comply with all applicable state laws and rules and with the state department of health effluent limitations authorized by North Dakota Century Code chapter 61-28. h. For the purposes of this chapter, "other sediment control measures" means the use of the best technology currently available to meet applicable effluent limitations and, to the extent possible, minimize erosion and prevent additional contributions of sediment to streamflow or to runoff outside the permit area. These include sumps, check dams, berms, silt fences, bale dikes, sediment filters, riprap, mulches, and other measures to reduce runoff, trap sediment, or treat runoff water. 2. Adequate facilities must be installed, operated, and maintained to treat any water discharged from the disturbed area so that it complies with all state laws and rules and the effluent limitations of this section. N.D. Admin Code 69-05.2-16-04
Effective August 1, 1980; amended effective September 1, 1984; January 1, 1987; May 1, 1990; January 1, 1993; June 1, 1997; March 1, 2004.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24