N.D. Admin Code 69-05.2-16-07 - Performance standards - Hydrologic balance - Stream channel diversions
1. Flow from
perennial and intermittent streams within the permit area may be diverted, if
the diversions:
a. Are approved by the
commission after making the findings in section
69-05.2-16-20;
b. Comply with other requirements of this
chapter;
c. Comply with local and
state laws and regulations; and
d.
Are certified by a qualified registered professional engineer as being designed
and constructed as required by this section.
2. When streamflow diversion is allowed, the
diversion must be designed, constructed, and removed as follows:
a. The longitudinal profile of the stream,
the channel, and the floodplain must be designed and constructed to remain
stable and to prevent, to the extent possible using the best technology
currently available, additional contributions of suspended solids to streamflow
or to runoff outside the permit area. These contributions may not exceed the
limits established by state law. Erosion control structures such as channel
lining structures, retention basins, and artificial channel roughness
structures may be used in diversions only when approved by the commission.
These structures may be approved for permanent diversions only where they are
stable and will require infrequent maintenance.
b. The combination of channel, bank, and
floodplain configurations must be adequate to pass safely the peak runoff of a
ten-yea, twenty-four-hour precipitation event for temporary diversions, a
one-hundred-year, twenty-four-hour precipitation event for permanent
diversions, or larger events specified by the commission. However, the capacity
of the channel itself should be at least equal to the capacity of the
unmodified stream channel immediately upstream and downstream of the diversion.
3. When no longer
needed, all temporary stream channel diversions must be removed and the
affected land reclaimed. At the time diversions are removed, downstream water
treatment facilities previously protected by the diversion must be modified or
removed to prevent overtopping or failure of the facilities. This requirement
does not relieve the operator from maintaining a water treatment facility
otherwise required under this chapter or the permit.
4. When permanent diversions are constructed
or natural stream channels restored after being temporarily diverted, the
operator shall:
a. Restore, enhance where
practicable, or maintain natural riparian vegetation on the banks of the
stream.
b. Establish or restore
the stream to its natural meandering shape at an environmentally acceptable
gradient, as approved by the commission.
c. Establish or restore the stream to a
longitudinal profile and cross section, including aquatic habitats (usually a
pattern of riffles, pools, and drops rather than uniform depth) that
approximate premining stream channel characteristics.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24, 38-14.1-42
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.