N.D. Admin Code 69-05.2-21-02 - Performance standards - Backfilling and grading -Grading requirements
1. All disturbed
areas must be backfilled and graded according to subsection 3 of North Dakota
Century Code section
38-14.1-24 so that they support
the approved postmining land use, except that the commission may approve a
different contour or topography if:
a. The
different contour or topography is a lesser contour or topography consistent
with the approximate original contour, with all highwalls, spoil piles, and
depressions eliminated (unless small depressions are needed in order to retain
moisture to assist vegetation or as otherwise authorized pursuant to North
Dakota Century Code chapter 38-14.1 or this article);
b. The permittee affirmatively demonstrates
in the permit application that the lesser contour or topography is necessary to
better achieve the postmining land use; and
c. All applicable performance standards of
North Dakota Century Code section
38-14.1-24 and this article will
be met.
2. In order to
conserve soil moisture, ensure stability, and control erosion on final graded
slopes, cut-and-fill terraces may be allowed if approved by the commission and
if the terraces are compatible with the approved postmining land use and are
appropriate substitutes for construction of lower grades on the reclaimed
lands. The terraces must meet the following requirements:
a. The width of the individual terrace bench
must not exceed twenty feet [6.10 meters], unless specifically approved by the
commission as necessary for stability, erosion control, or roads included in
the approved postmining land use plan.
b. The vertical distance between terraces
must be as specified by the commission.
c. The slope of the terrace outslope may not
exceed 1v:2h (fifty percent). Highwalls may not be left as part of terraces.
d. Culverts and underground rock
drains must be used on the terrace only when approved by the commission.
3. Small depressions
may be constructed, if the depressions:
a.
Are approved by the commission to minimize erosion, conserve soil moisture, or
promote vegetation;
b. Do not
restrict normal access over the area;
c. Are not inappropriate substitutes for
lower grades on the reclaimed lands; and
d. Do not adversely affect the intended
postmining land use.
4.
Disturbed areas must be backfilled and graded to minimize erosion and water
pollution both on and off the site.
5. All final grading, spoil preparation, and
suitable plant growth material placement must be conducted to minimize erosion
and provide a minimum slippage surface for suitable plant growth material
replacement.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
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.