N.D. Admin Code 69-05.2-15-02 - Performance standards - Suitable plant growth material - Removal
1. Timing. Suitable
plant growth material must be removed after vegetative cover that would
interfere with its use is cleared from the areas to be disturbed. To prevent
suitable plant growth materials from becoming contaminated by other materials,
all suitable plant growth materials to be saved must be separately removed and
segregated as required by subsection 2 prior to any further surface
disturbance.
2. Materials to be
removed and saved.
a. The suitable plant
growth materials, commonly referred to as topsoil (first lift suitable plant
growth material) and subsoil (second lift suitable plant growth material) as
identified by the soil survey required by section
69-05.2-08-10 must be removed and
segregated in two separate operations, unless otherwise approved by the
commission. The topsoil removal operation for an area must be completed before
subsoil removal begins or before any other disturbances occur in that area. If
use of other suitable strata is approved as a supplement to suitable plant
growth material, all such materials to be saved must be removed and segregated.
Further disturbances which significantly alter an area must not begin until the
subsoil and other suitable strata removal operations for that area have been
completed and approved by the commission. However, the commission may waive the
approval of subsoil removal operations if the operator demonstrates, in a
detailed soil removal plan, surplus subsoil is available and that subsoil to be
removed has good and relatively uniform characteristics. A request for such a
waiver must be included as part of a detailed soil removal plan or permit
revision application that contains the necessary information.
b.
(1) All
topsoil must be removed from all areas to be disturbed, except in situations as
provided by subsection 4.
(2)
Sufficient subsoil must be removed from all areas to be disturbed to satisfy
the redistribution requirements of subsection 4 of section
69-05.2-15-04.
3. Materials to be
removed in shallow suitable plant growth material situations. If the thickness
of suitable plant growth materials averages less than six inches [15.24
centimeters], the commission may specify other suitable strata to be removed
and treated as suitable plant growth material.
4. Suitable plant growth material removal
will not be required for minor disturbances which occur at the site of small
structures, such as power poles, signs, or fence lines.
5. Suitable plant growth material supplements
and substitutes.
a. Topsoil supplements.
Selected subsoil or other suitable strata may be used as a supplement to
topsoil if the permittee or operator demonstrates that the resulting soil
medium is equal to or more suitable for sustaining vegetation than the
available topsoil. This demonstration must include the vertical and areal
extent of supplemental materials and determinations of pH, electrical
conductivity, sodium adsorption ratio, percent coarse fragments, percent
organic matter, texture, and other chemical or physical analyses as required by
the commission. The operator may be required by the commission to include the
results of any field trials or greenhouse tests to demonstrate the feasibility
of using a mixture of such materials. The permittee or operator shall also
demonstrate that the resulting medium is the best available soil medium in the
permit area to support revegetation.
b. Subsoil supplements. The permittee or
operator may be required to use other suitable strata to supplement subsoil
materials if the commission determines additional suitable materials for
spreading over affected areas are necessary to meet the redistribution
requirements of subdivision a of subsection 4 of section
69-05.2-15-04, provided other
suitable strata are available. Samples of the strata to be saved must be taken
at sufficient locations to determine the areal extent of the suitable strata.
The sampling locations must be approved by the commission. Chemical and
physical analyses of the samples taken must include pH, electrical
conductivity, sodium adsorption ratio, and textural analysis as required by the
commission.
c. Subsoil
substitutes. Selected overburden materials may be substituted for subsoil if
the operator demonstrates to the commission that the resulting soil medium is
equal to or more suitable than the available subsoil for sustaining vegetation.
Overburden sampling and chemical and physical analyses must be provided by the
operator as required by the commission.
d. Supplemental and substitute materials must
be removed, segregated, and redistributed according to the applicable
requirements for suitable plant growth material in this chapter.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
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