Section 69-05.2-16-14 - Performance standards - Hydrologic balance - Ground water monitoring1. The ground water monitoring plan must be based on the probable hydrologic consequences determination and conducted according to the monitoring program submitted under section 69-05.2-09-12 and approved by the commission. Ground water levels, infiltration rates, subsurface flow and storage characteristics, and the quality of ground water must be monitored to determine the effects of surface mining activities on the recharge capacity of reclaimed lands and on the quantity and quality of water in ground water systems in the permit area and adjacent area. Ground water monitoring systems must be designed and maintained to allow the commission to substantiate the determination of cumulative impacts of all surface mining activities on the ground water hydrology of the permit and adjacent areas. 2. When surface mining activities may affect the ground water systems which serve as aquifers that ensure the hydrologic balance of water use on or off the mine area, ground water levels and ground water quality must be periodically monitored. Monitoring must include measurements from a sufficient number of wells and mineralogical and chemical analyses of aquifer, overburden, and spoil that are adequate to reflect changes in ground water quantity and quality resulting from those activities. Monitoring must be adequate to plan for modification of surface mining activities, if necessary, to minimize disturbance of the prevailing hydrologic balance. 3. Ground water monitoring data must be submitted to the commission every three months or more frequently as prescribed by the commission. Monitoring reports must include analytical results from each sample taken during the reporting period. The operator shall review the data annually or more frequently if required by the commission. Changes observed in the monitored aquifers in the permit or adjacent areas must be described and interpreted in the monitoring report as to their significance and possible effect on any water supplies. When the analysis of any ground water sample indicates noncompliance with the permit conditions, the operator shall promptly notify the commission and immediately take the actions provided for in subdivision a of subsection 3 of section 69-05.2-10-05 and subsection 2 of section 69-05.2-09-12. 4. As specified and approved by the commission, the operator or permittee shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests, and submit the results to the commission to demonstrate compliance with this chapter. N.D. Admin Code 69-05.2-16-14
Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; May 1, 1992.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24, 38-14.1-27