Section 69-05.2-25-04 - Performance standards - Alluvial valley floors - Protection of farming and water supplies1. If environmental monitoring shows that a mining operation is responsible for interrupting, discontinuing, or precluding farming on alluvial valley floors, or is causing material damage to water that supplies alluvial valley floors, the operation must cease until remedial measures are taken by the operator. The remedial measures must be approved by the commission prior to the resumption of mining.2. Paragraphs 1 and 2 of subdivision e of subsection 3 of North Dakota Century Code section 38-14.1-21 do not apply to lands identified in a reclamation plan approved by the commission prior to July 1, 1979, for any operation that, in the year preceding July 1, 1979: a. Produced coal or commercial leonardite in commercial quantities and was located within or adjacent to an alluvial valley floor; orb. Obtained specific permit approval to conduct operations within an alluvial valley floor.N.D. Admin Code 69-05.2-25-04
Effective August 1, 1980; amended effective May 1, 1990; January 1,1993.Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-21, 38-14.1-24, 38-14.1-28