Section 69-05.2-26-04 - Performance standards - Prime farmland - Soil replacement In addition to meeting the applicable requirements of section 69-05.2-15-04, the operator shall replace soil materials on areas to be reconstructed as prime farmland according to the following:
1. The suitable plant growth materials must be respread over areas that have a landscape configuration similar to that which existed in the prime farmland areas prior to mining. 2. The minimum thickness of suitable plant growth material to be reconstructed for prime farmland must be forty-eight inches [1.22 meters], or a thickness which is equal to the depth of the original soil profile up to a subsurface horizon which inhibits root penetration, whichever is shallower. The commission will specify a thickness greater than forty-eight inches [1.22 meters] wherever necessary to restore productive capacity due to uniquely favorable soil horizons at greater depths. Soil horizons are considered as inhibiting root penetration if their densities, chemical properties, or water supplying capacities restrict or prevent penetration by roots of plants common to the vicinity of the permit area and have little or no beneficial effect on soil productive capacity. 3. Replace the suitable plant growth materials in a manner that avoids excessive compaction. 4. Replace the subsoil materials specified in section 69-05.2-26-02 to the thickness needed to meet the requirements of subsection 2. 5. Replace the topsoil materials specified in section 69-05.2-26-02 as the final surface soil layer. The thickness of the topsoil layer must be the approximate average of the materials saved. N.D. Admin Code 69-05.2-26-04
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