1. The operator shall conduct surface coal mining and reclamation operations to:

a. Minimize disturbance of the hydrologic balance within the permit and adjacent areas and prevent material damage outside the permit area. b. Minimize changes in water quality and quantity, in the depth to ground water, and in the location of surface water drainage channels so that the approved postmining land use of the permit area is not adversely affected. c. Minimize water pollution and, where necessary, use treatment methods to control water pollution.

(1) Emphasize mining and reclamation practices that prevent or minimize water pollution. The operator shall use changes in drainage flow in preference to water treatment facilities.

(2) Acceptable practices to control and minimize water pollution include:

(a) Stabilizing disturbed areas through land shaping. (b) Diverting runoff.

1. (c) Achieving quickly germinating and growing stands of temporary vegetation.
2. (d) Regulating channel velocity.
3. (e) Lining drainage channels with rock or vegetation.
4. (f) Mulching.
5. (g) Selectively placing and sealing toxic-forming materials.
6. (h) Selectively placing waste materials in backfill areas.(3) If the practices listed in paragraph 2 are not adequate, the operator shall operate and maintain the necessary water treatment facilities for as long as treatment is required.2. Coal exploration activities which substantially disturb the land surface as determined by the state geologist under section 43-02-01-20 must comply with all applicable provisions of this chapter.

History: Effective August 1, 1980; amended effective May 1, 1990.

General Authority: NDCC 38-14.1-03

Law Implemented: NDCC 38-14.1-24