N.D. Admin Code 69-05.2-21-01 - Performance standards - Backfilling and grading - Timing requirements
1.
Area
surface mining with thin overburden. Rough backfilling and grading must
occur according to the time schedule approved by the commission on the basis of
the materials submitted under subsection 3 of section
69-05.2-09-11.
2.
Area surface mining. Rough
backfilling and grading must be completed within one hundred eighty days
following coal or commercial leonardite removal and may not be more than four
spoil ridges behind the pit being worked, the spoil from the active pit being
considered the first ridge. The commission may grant additional time or
distance for rough backfilling and grading if the permittee can demonstrate,
through a detailed written analysis under subsection 3 of section
69-05.2-09-11, that additional
time or distance is necessary.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
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