N.D. Admin Code 69-05.2-08-04 - Permit applications - Permit area - Description of hydrology and geology -General requirements

Current through Supplement No. 383, January, 2022

1. Each application must describe the geology, hydrology, and water quality and quantity of the permit and adjacent area. The description must include information on the characteristics of all surface and ground waters within the permit and adjacent areas, and any water which will flow into or receive discharges from these areas. The permit will not be approved until this information is in the application.
2. All water quality sampling and analyses must be conducted according to the most recent edition of Standard Methods for the Examination of Water and Wastewater or those in 40 CFR parts 136 and 434 or other methods approved by the commission and the office of surface mining reclamation and enforcement.
3. Enough detailed geologic information must be included to determine:
a. The probable hydrologic consequences (PHC) of the operation on the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface and ground water monitoring is necessary;
b. All potentially toxic-forming strata down through the lowest coal or commercial leonardite seam to be mined; and
c. Whether reclamation can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.
4. The applicant shall determine the probable hydrologic consequences of the operation on the quality and quantity of surface and ground water under seasonal flow conditions for the permit and adjacent areas. The probable hydrologic consequences determination must be based on baseline hydrologic, geologic, and other information collected for the application and, if appropriate, data statistically representative of the site. Include findings on:
a. Whether adverse impacts occur to the hydrologic balance.
b. Whether toxic-forming materials are present that could contaminate surface and ground water supplies.
c. Whether the operation may contaminate, diminish, or interrupt an underground or surface water source within the permit or adjacent areas used for domestic, agricultural, industrial, or other legitimate purpose.
d. What impact the operation will have on:
(1) Sediment yield from the disturbed area.
(2) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact.
(3) Flooding or streamflow alteration.
(4) Ground water and surface water availability and other characteristics as required by the commission.
5. The applicant shall provide supplemental information to evaluate the hydrologic consequences based on drilling, aquifer tests, geohydrologic analysis of the water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics if:
a. Toxic-forming material is present; or
b. The probable hydrologic consequences determination indicates adverse impacts on or off the permit area may occur to the hydrologic balance.
6. The applicant shall provide information on the availability and suitability of alternate water sources for existing premining and approved postmining land uses if the probable hydrologic consequences determination shows the mining operation may contaminate, diminish, or interrupt a water source used for domestic or other legitimate purpose in the permit or adjacent areas.
7. Modeling techniques may be used if they furnish the required information.


N.D. Admin Code 69-05.2-08-04
Effective August 1, 1980; amended effective May 1, 1990. Amended by Administrative Rules Supplement 2016-362, October 2016, effective October 1, 2016.

General Authority: NDCC 38-14.1-03

Law Implemented: NDCC 38-14.1-14, 38-14.1-15

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