Applications must include a mining plan, which must include:

1. A narrative description of the mining and milling techniques to be employed, including plan view maps of the proposed mining;

2. A narrative description of the proposed depth and direction of mining including representative maps and cross sections;

3. A map depicting the proposed locations of all buildings and infrastructure, including pipelines, surface impoundments, waste dumps, and other mine-related facilities;

4. Discussion and illustration of the estimated mining schedule, including: a. A list of the proposed wellfields;

1. b. A map showing the proposed sequence for mining the wellfields;
2. c. An estimated time schedule for mining each wellfield; and
3. d. The capacity of the water and wastewater treatment systems and correlation of their capacity with the mining and restoration schedules;5. Conceptual plans and specifications for mining facilities in accordance with section 43-02-02.2-35;6. A plan for ground water monitoring adjacent to ponds and surface impoundments and a leak response plan detailing actions that will be taken in response to detecting leaks from these areas. The plan must be in accordance with United States nuclear regulatory commission requirements when radioactive elements will be produced in sufficient quantities;7. A plan for the periodic inspection and maintenance of mine facilities to include pipelines and lined impoundments. The plan must include criteria for repair or replacing equipment or infrastructure to keep mine facilities in good repair and order, and a quarterly report to include inspection logs, problems identified, and repair or replacement work completed. The plan must be in accordance with United States nuclear regulatory commission requirements when radioactive elements will be produced in sufficient quantities;8. The composition of all known and anticipated wastes and procedures for their disposal;9. Procedures for ensuring that all radioactive, toxic, acid-forming, or other materials constituting a fire, health, safety, or environmental hazard encountered during or created by the mining are promptly treated, confined, or disposed of in a manner designed to prevent pollution of air, surface water, or ground water, degradation of soils or vegetation, or a threat to human or animal health and safety, and according to state law;10. A site monitoring plan to include:- a. Ground water quality for both production and nonproduction zones;
4. b. Surface water quality and quantity, including discharge points, streams and lakes, and general direction of flow off the site;
5. c. Requirements for water quality sampling and analysis to include:
6. (1) A description of, or reference for, the procedures and methods used for sample collection, preservation, quality control, and detection levels;
7. (2) The name, address, and telephone number of the laboratory performing the analyses, and the laboratory identification number; and
8. (3) Signatures of the laboratory manager or technician performing the analyses for the prepermit baseline study and permit requirements;
9. d. Air quality, including process facilities and other enclosed facilities;
10. e. Soils;
11. f. Wildlife and aquatics;
12. g. Subsidence;
13. h. Vegetation; and
14. i. Environmental radiological monitoring of surface water, air, soils, and vegetation;

11. A description of the location within the permit area where underground injection is proposed;

12. A description of the proposed method of operation, including: a. Injection rate, with the average and maximum daily rate and the volume of fluid to be injected; b. Injection pressures, with average and maximum injection pressures; c. A description of how a negative pressure gradient will be maintained within the production zone; d. Proposed well stimulation program; e. Type of mining solution to be used; f. Proposed injection procedure; and g. Expected changes in pressure, native ground water displacement, and direction of movement of mining solution;

13. The following information concerning the production zone: a. If the receiving strata is naturally a water-bearing formation: (1) Fluid pressure; (2) Fracture pressure; (3) Physical and chemical characteristics of the receiving strata fluids; and (4) Compatibility of injected fluids with formation fluids; and b. If the receiving strata is not a water-bearing formation, the fracture pressure in the production zone;

14. The procedures to ensure that installing recovery, injection, and monitoring wells will not result in hydraulic communication between the production zone and overlying or underlying stratigraphic horizons;

15. The procedures used to verify that the injection and production wells are in communication with monitoring wells completed in the receiving strata and employed for the purpose of detecting excursions;

16. The well construction method must be stated in the permit application. Descriptions of the construction and completion details for all injection and production wells in accordance with sections 43-02-02.2-25 through 43-02-02.2-27, and for monitoring wells in accordance with sections 43-02-02.2-25, 43-02-02.2-26, and 43-02-02.2-28;

17. A schedule for and description of the procedures to demonstrate and maintain mechanical integrity of all injection and production wells in accordance with section 43-02-02.2-30;

18. A corrective action plan in accordance with section 43-02-02.2-33 for wells that are improperly sealed, completed, or abandoned, consisting of the steps or modifications necessary to prevent movement of fluid into unauthorized zones;

19. A description of the proposed mining solution and the chemical reactions that may occur during mining as a result of injecting the mining solution;

20. A subsidence analysis, using established geotechnical principles, that estimates, based upon the proposed mining operation, the effect of subsidence upon the land surface and overlying aquifers;

21. A spill contingency plan in accordance with section 33.1-16-02.1-01 to include reporting, response, assessment, and remedial actions;

22. A description of measures employed to prevent an excursion, and in the event of an excursion, the plans to report or to verify the excursion, and plans for remedial action in accordance with sections 43-02-02.2-48 through 43-02-02.2-53;

23. An assessment of impacts that mining may reasonably be expected to have on water resources and water rights inside the permit area and on contiguous land, and the steps that will be taken to mitigate these impacts;

24. A well maintenance plan to ensure: a. Wells are sufficiently covered to protect against entrance of undesirable material into the well; b. The wells are marked and can be clearly seen; c. The area surrounding each well is kept clear of brush or debris; and d. Monitoring equipment is appropriately serviced and maintained so monitoring requirements can be met;

25. To the extent that existing information or data is available, a determination of whether the annulus of existing water wells has been properly sealed and whether former producing wells, former injection wells, former monitoring wells, abandoned wells, and exploration holes in the proposed production area have been appropriately plugged and abandoned, and if not, a plan for replugging these wells;

26. A plan to minimize a mining operation's adverse impacts, including: a. Design, construction, and location of facilities to minimize impacts to surface water and ground water; b. Design and location of facilities so they are compatible with surrounding land uses; c. Control of access; d. Preventive measures to minimize harmful impacts to wildlife; e. Minimizing the production of mine waste; and f. Integrating mine operations planning with the reclamation plan;

27. A plan to ensure that all refuse from the mining operation, including garbage and rubbish, is disposed of in a permitted solid waste facility and that all special and hazardous wastes are handled in accordance with North Dakota Century Code chapters 23.1-04 and 23.1-08; and

28. A plan for drill hole plugging and well repair, plugging, and conversion must be included in the permit application and constitutes a condition of the permit.

History: Effective January 1, 2009; amended effective October 1, 2020.

General Authority: NDCC 38-12-02

Law Implemented: NDCC 38-12-02