N.D. Admin. Code 69-05.2-22-01
The permittee shall establish a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area for all disturbed areas, except water areas, surface areas of roads, and other facilities that are approved as a part of the postmining land use, or shall plant species that will support the approved postmining land use. Species planted must be compatible with plant and animal species of the area, meet the requirements of applicable state and federal seed and introduced species laws, and must not be poisonous or noxious. The postmining vegetative cover must be capable of stabilizing the soil surface from erosion and will be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the approved postmining land use when compared to the utility of vegetation existing prior to mining during each season of the year. If the postmining land use is cropland, planting of the crops normally grown will meet this requirement. The commission may approve the substitution of introduced species only if appropriate field trials have demonstrated that the introduced species are desirable and necessary to achieve the approved postmining land use. Lands that have been approved for postmining agricultural uses must be returned to productivity levels equal to or exceeding that of unmined agricultural lands in the surrounding area under equivalent management practices.
N.D. Admin Code 69-05.2-22-01
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24