N.D. Admin Code 69-05.2-16-20 - Performance standards - Hydrologic balance - Stream buffer zones

1. The operator may not disturb land within one hundred feet [30.48 meters] of an intermittent or perennial stream unless the commission, after consulting the state engineer and the state department of health, specifically authorizes surface mining activities closer to, or through, the stream, after finding that:

a. Surface mining activities will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

b. If there will be a temporary or permanent stream channel diversion, it will comply with section 69-05.2-16-07.

2. Areas not to be disturbed must be designated buffer zones and marked according to section 69-05.2-13-04.

Notes

N.D. Admin Code 69-05.2-16-20

Effective August 1, 1980; amended effective May 1, 1990; May 1, 1992.

General Authority: NDCC 38-14.1-03

Law Implemented: NDCC 38-14.1-24