N.D. Admin Code 69-05.2-16-04 - Performance standards - Hydrologic balance - Water quality standards and effluent limitations
1. The
operator must comply with the following requirements:
a. All surface drainage from the disturbed
area, including disturbed areas that have been graded, seeded, or planted, must
be passed through a sedimentation pond, a series of sedimentation ponds, or
other sediment control measures before leaving the permit area.
b. Sedimentation ponds and other sediment
control measures must be maintained until removal is authorized by the
commission and the disturbed area has been stabilized and revegetated. The
ponds or other sediment control measures may not be removed sooner than two
years after the last augmented seeding unless the last augmented seeding is a
supplemental seeding into an established vegetation stand that is effectively
controlling erosion.
c. The
commission may allow the use of other sediment control measures for primary
sediment control if:
(1) The disturbed
drainage area within the total disturbed area is small, the disturbed areas
have been regraded, respread with topsoil, and stabilized against erosion, or
the state department of health has approved the use of best management
practices as the effluent limitation; and
(2) The permittee or operator demonstrates
that sedimentation ponds are not necessary for drainage from the disturbed
drainage areas to meet the effluent limitations referenced in subdivision g and
the applicable state water quality standards for downstream receiving waters.
d. For the purposes of
this chapter only, "disturbed area" shall not include areas in which only
diversion ditches, sedimentation ponds, or roads are installed in accordance
with this article and the upstream area is not otherwise disturbed by the
operator.
e. Sedimentation ponds
and other sediment control measures must be constructed and installed according
to the plans in the approved permit before beginning surface mining activities
in the drainage area to be affected.
f. Mixed drainage from disturbed and
undisturbed land must meet effluent limitations before it leaves the permit
area.
g. Discharges of water from
areas disturbed by surface mining activities must comply with all applicable
state laws and rules and with the state department of health effluent
limitations authorized by North Dakota Century Code chapter 61-28.
h. For the purposes of this chapter, "other
sediment control measures" means the use of the best technology currently
available to meet applicable effluent limitations and, to the extent possible,
minimize erosion and prevent additional contributions of sediment to streamflow
or to runoff outside the permit area. These include sumps, check dams, berms,
silt fences, bale dikes, sediment filters, riprap, mulches, and other measures
to reduce runoff, trap sediment, or treat runoff water.
2. Adequate facilities must be installed,
operated, and maintained to treat any water discharged from the disturbed area
so that it complies with all state laws and rules and the effluent limitations
of this section.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
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