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
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
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