Section 69-05.2-29-06 - Small operator assistance - Data requirements1. The commission will determine the minimum data collection requirements for each applicant or group of applicants. Data collection and analysis may proceed concurrently with the development of mining and reclamation plans. The data requirements will be based on: a. The extent of currently available hydrologic, geologic, and other information described under subsection 2 of North Dakota Century Code section 38-14.1-37. b. The data collection and analysis guidelines developed and provided by the commission. 2. A determination of the probable hydrologic consequences of the mining and reclamation operations, both onsite and offsite, shall be made by a qualified public or private entity. The data for this determination shall include the following: a. The existing and projected surface and ground water seasonal flow regime, including water level and water table evaluations. The commission will specify duration and return frequencies to be used in the determination. b. The existing and projected seasonal quality of the surface and ground water regime. This must include measurements and estimates of dissolved and suspended solids, pH, iron, manganese, surface and channel erosion, and other water quality parameters specified by the commission. 3. A statement of the result of test borings or core samplings from the proposed permit area including: a. Logs from any drill holes including identification of each stratum and water level penetrated. b. The coal seam thickness and its chemical analysis including sulfur content. c. The chemical analysis of potentially toxic or toxic-forming sections of the overburden, and the chemical analysis of the stratum lying immediately underneath the coal to be mined. 4. The statement by a qualified public or private entity under subsection 3 may be waived by the commission by a written determination that the requirements are unnecessary with respect to the specific application. 5. Data collected under the small operator assistance program will be made available to all interested persons, except information related to the chemical and physical properties of coal. Information regarding the mineral or elemental content of the coal which is potentially toxic in the environment will be made available. N.D. Admin Code 69-05.2-29-06
Effective August 1, 1980; amended effective May 1, 1990; October 1,1994.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-03, 38-14.1-37