N.D. Admin Code 69-05.2-09-03 - Permit applications - Operation plans Existing structures
1. Each application
must contain a description of each existing structure in the proposed permit or
adjacent permit areas used to support the surface coal mining and reclamation
operation. The description must include:
a.
Location.
b. Current condition.
c. Approximate beginning and
ending construction dates.
d. A
showing, including relevant monitoring data or other evidence, whether the
structure meets the performance standards and design requirements of this
article and North Dakota Century Code section
38-14.1-24.
2. The applicant shall modify or reconstruct
a nonconforming structure to meet the design standards of this article after
approval of the compliance plan required in subsection 3.
3. Each application must contain a compliance
plan for each structure to be modified or reconstructed and include:
a. Specifications to meet the design and
performance standards of this article and North Dakota Century Code section
38-14.1-24.
b. A construction schedule showing dates for
beginning and completing interim steps and final reconstruction.
c. Provisions for monitoring the structure
during and after modification or reconstruction to ensure that the performance
standards are met.
d. A showing
that the risk to the environment or to public health or safety is not
significant during modification or reconstruction.
4. A structure which meets the performance
standards of this article and North Dakota Century Code section
38-14.1-24 but does not meet the
design requirements of this article may be exempted from those design
requirements. The commission may grant this exemption as part of the
application process after obtaining the information required by this section
and making the finding required by section
69-05.2-10-04.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14
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