NDAC 43-02-02.3-10
Small mining operation permit requirements
Cite as N.D. Admin. Code ยง 43-02-02.3-10
Permit 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.