Section 69-05.2-16-12 - Performance standards - Hydrologic balance -Permanent and temporary impoundments1. In addition to the standards for permanent impoundments in subsection 7 of North Dakota Century Code section 38-14.1-24, the design, construction, and maintenance of structures in which water is impounded by a dam must utilize the best technology currently available and meet the requirements of subsections 9 through 21 of section 69-05.2-16-09 and the North Dakota Dam Design Handbook. 2. Temporary impoundments in which the water is impounded by a dam must meet the requirements of subsections 9 through 22 of section 69-05.2-16-09. 3. Excavations that will impound water during or after the mining operation must have stable perimeter slopes not steeper than 1 v:2h. Slopes must be designed to be stable, even if flatter side slopes are required. Where surface runoff enters the impoundment area, the side slope must be protected against erosion. 4. All dams and embankments must be routinely maintained during mining operations. Vegetative growth must be cut where necessary to facilitate inspection and repairs. Ditches and spillways must be cleaned. Any combustible material present on the surface, other than material such as mulch or dry vegetation used for surface stability, must be removed and all other appropriate maintenance procedures followed. 5. If any examination or inspection discloses a potential hazard, the operator shall promptly inform the commission of the findings and the emergency procedures for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the commission must be notified immediately. The commission will then notify the appropriate agencies that other emergency procedures are required to protect the public. N.D. Admin Code 69-05.2-16-12
Effective August 1, 1980; amended effective May 1, 1990; May 1, 1992; January 1, 1993.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24