N.D. Admin Code 69-05.2-23-01 - Performance standards - Postmining land use -Determining premining land use

1. The postmining land use must be compared to those uses the land previously supported under proper management unless the land has been previously mined and not reclaimed.

2. The postmining land use for land that has been previously mined and not reclaimed must be judged on the basis of the land use that existed prior to any mining. However, if the land cannot be reclaimed to the land use that existed prior to any mining because of the previously mined condition, the postmining land use must be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

3. If the premining use of the land was changed within five years of beginning of mining, the comparison of postmining use to premining use must also include the historic use of the land preceding mining.

Notes

N.D. Admin Code 69-05.2-23-01

Effective August 1, 1980; amended effective June 1, 1983; May 1,1988; May 1, 1990; May 1, 1992.

General Authority: NDCC 38-14.1-08, 38-14.1-24

Law Implemented: NDCC 38-14.1-24