Section 69-05.2-21-02 - Performance standards - Backfilling and grading -Grading requirements1. All disturbed areas must be backfilled and graded according to subsection 3 of North Dakota Century Code section 38-14.1-24 so that they support the approved postmining land use, except that the commission may approve a different contour or topography if: a. The different contour or topography is a lesser contour or topography consistent with the approximate original contour, with all highwalls, spoil piles, and depressions eliminated (unless small depressions are needed in order to retain moisture to assist vegetation or as otherwise authorized pursuant to North Dakota Century Code chapter 38-14.1 or this article); b. The permittee affirmatively demonstrates in the permit application that the lesser contour or topography is necessary to better achieve the postmining land use; and c. All applicable performance standards of North Dakota Century Code section 38-14.1-24 and this article will be met. 2. In order to conserve soil moisture, ensure stability, and control erosion on final graded slopes, cut-and-fill terraces may be allowed if approved by the commission and if the terraces are compatible with the approved postmining land use and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces must meet the following requirements: a. The width of the individual terrace bench must not exceed twenty feet [6.10 meters], unless specifically approved by the commission as necessary for stability, erosion control, or roads included in the approved postmining land use plan. b. The vertical distance between terraces must be as specified by the commission. c. The slope of the terrace outslope may not exceed 1v:2h (fifty percent). Highwalls may not be left as part of terraces. d. Culverts and underground rock drains must be used on the terrace only when approved by the commission. 3. Small depressions may be constructed, if the depressions: a. Are approved by the commission to minimize erosion, conserve soil moisture, or promote vegetation; b. Do not restrict normal access over the area; c. Are not inappropriate substitutes for lower grades on the reclaimed lands; and d. Do not adversely affect the intended postmining land use. 4. Disturbed areas must be backfilled and graded to minimize erosion and water pollution both on and off the site. 5. All final grading, spoil preparation, and suitable plant growth material placement must be conducted to minimize erosion and provide a minimum slippage surface for suitable plant growth material replacement. N.D. Admin Code 69-05.2-21-02
Effective August 1, 1980; amended effective June 1, 1983; May 1,1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24