Surface mining activities must restore approximate premining recharge capacity, through restoration of the capability of the reclaimed areas as a whole, excluding coal processing waste and underground development waste disposal areas and fills, to a condition which:

1. Supports the approved postmining land use;

2. Minimizes disturbances to the prevailing hydrologic balance in the mine plan area and in adjacent areas; and

3. Provides a rate of recharge that approximates the premining recharge rate.

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

General Authority: NDCC 38-14.1-03

Law Implemented: NDCC 38-14.1-24, 38-14.1-27