N.D. Admin Code 69-05.2-21-04 - Performance standards - Backfilling and grading - Thin overburden
The provisions of this section apply only to mining activities where the final thickness of all available spoil and waste materials over the permit area is less than 0.8 of the initial thickness of the overburden and the coal or commercial leonardite prior to coal or commercial leonardite removal. The final thickness is the product of the overburden thickness prior to coal or commercial leonardite removal times the overburden swell factor. When the demonstration is made that thin overburden exists over the permit area, in addition to meeting subdivision b of subsection 3 of North Dakota Century Code section 38-14.1-24, the operator shall:
factor of 1.3 to provide adequate drainage and long-term stability of the regraded areas, and to cover all toxic-forming materials.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
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