1. Area surface mining with thin overburden. Rough backfilling and grading must occur according to the time schedule approved by the commission on the basis of the materials submitted under subsection 3 of section 69-05.2-09-11.

2. Area surface mining. Rough backfilling and grading must be completed within one hundred eighty days following coal removal and may not be more than four spoil ridges behind the pit being worked, the spoil from the active pit being considered the first ridge. The commission may grant additional time or distance for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under subsection 3 of section 69-05.2-09-11, that additional time or distance is necessary.

History: Effective August 1, 1980; amended effective May 1, 1990; July 1, 1995.

General Authority: NDCC 38-14.1-03

Law Implemented: NDCC 38-14.1-24