Section 43-02-02.3-20 - Permit modifications or revisionAn application for a permit modification or revision shall be in a format acceptable to the director and shall be accompanied by sufficient information for the director to determine whether any of the factors listed in this section are present. A permit modification or revision will not be granted unless the director determines that the proposed modification or revision meets the requirements of this rule.
1. A permit modification or revision for a mining operation is required for: a. Each new discrete processing, leaching, excavation, storage, or stockpile unit located within the permit area and not identified in the permit;b. Each expansion of such a unit identified in the permit that exceeds the design limits specified in the permit; andc. Any change in the approved reclamation plan.2. The operator may request additional acreage [hectarage] if the department considers the addition an incidental boundary change to the original permit area.3. The operator may file an application to withdraw any lands previously approved as a part of a permit area, except lands on which operations have commenced. The operator shall demonstrate and certify that the proposed acreage [hectarage] to be deleted has not been affected by mining activities. Applications to delete undisturbed acreage [hectarage] are not subject to the public notice, procedural, and approval or denial standards of North Dakota Century Code chapter 38-12.4. Revisions are modifications that require public notice and an opportunity for public hearing pursuant to this rule. The director shall review each request for a permit modification to determine whether it must be processed as a revision.a. The director shall consider the following factors and their level of impact to determine whether a permit modification would have a significant environmental impact requiring a revision:(1) Whether the proposed change would authorize an expansion of design limits beyond that currently authorized by the permit that:(a) Would be located in or is expected to have a direct surface impact on wetlands, springs, perennial or intermittent streams, lakes, rivers, or other water bodies or riparian areas.(b) Is expected to have a direct impact on ground water that has a total dissolved solids concentration of less than ten thousand milligrams per liter.(c) Is expected to result in point or nonpoint source surface or subsurface releases of acid or other toxic substances from the permit area.(d) Would be located in designation critical habitat areas as determined in accordance with the federal Endangered Species Act of 1973 or in areas determined by the game and fish department likely to result in an adverse impact on an endangered species.(e) Would adversely impact archaeological and historical areas.(f) Would be located in a known cemetery or other burial ground.(g) Would be located in an area designated as a federal wilderness area, a wilderness study area, an area of critical environmental concern, or an area within the national wild and scenic river system;(2) Whether the proposed change would result in a significant increase in the required amount of financial assurance as determined by the director; or(3) Whether the proposed change would significantly depart from the nature or scale of the permit.b. An application for a permit modification or revision shall be accompanied by sufficient information for the director to determine whether any of the factors listed in this section are present.5. The following actions do not require permit modifications or revisions: a. The construction, relocation, or modification of roads within the disturbed area that does not change the reclamation plan;b. Placement or movement of support buildings, equipment areas, maintenance shops, monitoring facilities, wells, power lines, power poles, substations, and communications facilities within the disturbed area that does not change the reclamation plan; andc. The movement of tanks, pipelines, utilities, and portable units.N.D. Admin Code 43-02-02.3-20
General Authority: NDCC 38-12-03
Law Implemented: NDCC 38-12-03