1. A processing facility permit application is required before commencement of operations to create or construct a processing facility. The application for a processing facility permit must be filed with the director, together with a permit fee. The amount of the permit fee is determined by the state geologist based upon the cost for the commission to review, investigate, and process the application. Activity may not commence until the application is approved and a permit is issued by the director. Upon successful review of the application, the amount of the facility bond is determined. The permit application may not be approved until the facility bond is in effect.

2. Permit applications for a processing facility shall address the following: a. Identification of interests, including: (1) The name and address of the operator responsible for the processing facility operations and reclamation of the site. (2) The names and addresses of the surface landowners of all land within the permit boundary of the processing facility. b. Project location description and maps plotted at a scale to accurately identify locational landmarks and operational details, including: (1) A legal description of the proposed processing facility permit area. (2) The general location as shown on a topographic map that gives the location of the following: perennial, intermittent, and ephemeral streams; springs and seeps; wetlands, riparian areas, lakes and other water bodies; residences, businesses, and other structures; existing and proposed roads; other access routes; support facilities; cemeteries; burial grounds; cultural resources listed on the national register of historic places; electrical transmission and communication lines; pipelines; and oil, gas, and water wells on and within one-half mile [.80 kilometer] of the permit area.

1. (3) An operations map that identifies:
2. (a) All buildings, structures, tanks, pits, vats, pipelines, access roads, and other types of infrastructure; a surface facilities map that identifies the locations of buildings; processing equipment; roads; underground utilities; power lines; proposed drainage control structures; the location of topsoil and subsoil storage areas, if warranted; tailings or processed waste facilities; and solid and liquid wastes and wastewater discharge treatment and containment facilities.
3. (b) Any dikes, berms, or other structures that are meant to contain processing fluids onsite.
4. c. A brief narrative description of the proposed processing facility plan of operation, including:
5. (1) A general description and list of the critical minerals sought and the methods of extraction. Any chemicals to be used onsite must be identified, where and how they will be stored, and where and how they will be disposed. Any forms of disposal shall comply with the rules and regulations of the North Dakota department of environmental quality.
6. (2) A geological cross-section across the permit application area to a depth of one hundred feet [30.48 meters].
7. (3) An estimate of depth to ground water and general water chemistry.
8. (4) Estimated width and length of any new roads to be constructed.
9. (5) An estimate of the total number of surface acres to be disturbed by the processing facility.
10. (6) A description of the plans for any structures to be used for managing runoff from the site, if warranted.
11. (7) A contingency plan to mitigate impacts to wildlife if there is an emergency or accidental discharge of toxic substances that may impact wildlife.
12. (8) A description of measures to be undertaken to control sedimentation from the permit area and a plan for the monitoring of nonpoint source sediment pollution from the disturbed area.
13. d. The operator shall provide a general narrative description identifying potential surface and subsurface impacts. At a minimum, this description shall include:
14. (1) Projected impacts to surface and ground water systems;
15. (2) Actions proposed to mitigate any impacts; and
16. (3) A plan for the management of waste streams in accordance with chapters 33.1-16-01, 33.1-20-01.1, 33.1-20-09, and 33.1-25-01, as applicable.
17. e. A person controlling or operating any processing facility shall notify verbally the director within twenty-four hours after discovery of any fire, leak, spill, or release of fluid. If the incident occurs or travels offsite of a facility, the person responsible for proper notification shall notify the surface owners upon whose land the incident occurred or traveled within twenty-four hours after the discovery of the incident.

f. An application must include a reclamation plan, including maps or drawings as necessary, consisting of a narrative description of the proposed reclamation, including: (1) A detailed description of any surface facilities that are proposed to be left at closure, including buildings, utilities, roads, pads, ponds, pits, and surface equipment. (2) A description of the treatment, location, and disposition of any toxic-forming or acid-forming materials generated and left onsite, including a map showing the location of the materials upon the completion of reclamation. g. The reclamation plan must be updated as necessary and submitted for approval prior to the commencement of final reclamation activities. h. Unless otherwise approved in the reclamation plan, all buildings and infrastructure must be removed. All disturbed lands must be reclaimed to a condition consistent with prior land use and productive capacity.

3. The commission shall review the facility permit at least once every five years to determine whether it should be amended, modified, or revoked.

History: Effective July 1, 2026.

General Authority: NDCC 38-12-03

Law Implemented: NDCC 38-12-03