69-05.2-13-12. Performance standards - General requirements - Auger mining.

The operator shall:

1. Conduct auger mining to maximize the utilization and conservation of coal.

2. Conduct augering operations to:

a. Prevent subsidence to the extent technologically and economically feasible by one of the following: (1) Backfilling the auger holes to assure the long-term stability of the site. (2) Utilizing known technology to assure the long-term structural stability of the augered area; or b. Provide for planned subsidence in a predictable and controlled manner.

3. Correct material damage caused to surface lands.

4. Either correct material damage resulting from subsidence caused to structures or facilities by repairing the damage, or compensate the owner of the structures or facilities in the full amount of the diminution in value. Repair includes rehabilitation, restoration, or replacement of damaged structures or facilities. Compensation may be accomplished by the purchase prior to mining of a noncancelable premium-prepaid insurance policy.

5. Seal auger holes with an impervious noncombustible material as soon as practicable.

6. Contain and treat auger hole drainage to meet water quality standards and effluent limitations of section 69-05.2-16-04.

7. Not auger within five hundred feet [152.4 meters] of any underground mine workings, except as approved under section 69-05.2-13-06.

History: Effective September 1, 1984; amended effective June 1, 1986; May 1, 1990; May 1, 1992.

General Authority: NDCC 38-14.1-03

Law Implemented: NDCC 38-14.1-24