Section 43-02-02.3-10 - Small mining operation permit requirementsPermit applications for small, noncoal, surface and subsurface mining operations shall address the following:
1. Identification of interests to include: a. The name and address of the operator responsible for the mining operations and reclamation of the site.b. The name and address of the surface landowners and mineral owners of all land to be affected by the mining operation.c. The mine name and the mine safety and health administration identification number.d. Documents evidencing the operator's right to enter the proposed permit area and conduct mining and reclamation, including showing that the surface owner will be compensated for loss of agricultural production.2. Project location description and maps plotted at a scale to accurately identify locational landmarks and operational details, to include: a. A legal description of the proposed permit area.b. The general location as shown on a topographic map which gives the location the following: perennial, intermittent and ephemeral streams; springs and seeps; wetlands, riparian areas, lakes and other water bodies; residences, businesses, and other structures; existing and proposed roads; other access routes; support facilities; cemeteries; burial grounds; cultural resources listed on the national register of historic places; electrical transmission and communication lines; pipelines; and oil, gas, and water wells on and within one-half mile of the permit area.c. An operations map that identifies:(1) The area to be disturbed;(2) The location of any existing or proposed operations, including access roads, drill holes, trenches, pits, cuts, or other planned small mining activities; and(3) Any previous adjacent disturbance for which the operator is not responsible.3. Operation plan. A brief narrative description of the proposed mining operation. The description must include the following information:a. A general description of the minerals sought, the methods of extraction, and any processing to be conducted onsite. Any chemicals to be used onsite must be identified.b. An estimate of depth to ground water and total dissolved solids concentration.c. Estimated width and length of any new roads to be constructed.d. An estimate of the total number of surface acres to be disturbed by the mining operation.e. A discussion of plans for saving and replacing topsoil and subsoil from the areas to be affected.f. The amount of material, including mineral deposit, overburden, waste rock, or core hole material, to be extracted, moved, or proposed to be moved, relating to the mining operation.g. The locations proposed to be used for stockpiling topsoil, subsoil, overburden, and any other materials, including the mineral to be mined.h. A description of the plans for any structures that will be used for managing runoff from the disturbed areas and a discussion of other sediment control measures that will be used.4. Reclamation plan. A reclamation plan must be submitted with the permit application to provide a general description of how the land surface of the permit area will be restored as nearly as possible to its original condition following closure. This must include a postmine topographic map or postmine cross sections showing how the disturbed area will conform to the adjacent undisturbed lands. The reclamation plan must discuss the postmining land uses for the disturbed lands and include plans for replacing any premine water supplies that are adversely affected by the mining operations. A detailed reclamation plan may be submitted at the time of application or as a permit modification to the general reclamation plan prior to commencing reclamation operations.N.D. Admin Code 43-02-02.3-10
General Authority: NDCC 38-12-03
Law Implemented: NDCC 38-12-03