# Title 69 — Public Service Commission

## Article 69-05.2 — Surface Coal Mining and Reclamation Operations

## Chapter 69-05.2-25 — Performance Standards - Operations in Alluvial Valley Floors

Supplies
### § 69-05.2-25-01. Performance standards - Alluvial valley floors - Essential hydrologic

functions.
1. The essential hydrologic functions of alluvial valley floors not within an affected area must be
preserved by maintaining the geologic, hydrologic, and biologic characteristics that support
those functions.
2. Surface coal mining and reclamation operations must be conducted to reestablish the
essential hydrologic functions of alluvial valley floors within an affected area by reconstructing
the geologic, hydrologic, and biologic characteristics that support those functions.
3. The characteristics are those identified in section 69-05.2-09-16 and others identified during
premining investigations or monitoring conducted during the operation.
History: Effective August 1, 1980; amended effective May 1, 1990.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-21, 38-14.1-24
### § 69-05.2-25-02. Performance standards - Alluvial valley floors - Protection of agricultural

uses.
Surface coal mining and reclamation operations must be conducted to ensure that the agricultural
utility and the level of productivity of alluvial valley floors in affected areas are reestablished.
History: Effective August 1, 1980; amended effective May 1, 1990.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-21, 38-14.1-24
### § 69-05.2-25-03. Performance standards - Alluvial valley floors - Monitoring.

1. An environmental monitoring system must be installed, maintained, and operated by the
permittee on all alluvial valley floors during operations and continued until all bonds are
released. The monitoring system must provide sufficient information to allow the commission
to determine that:
a. The agricultural utility and production of the alluvial valley floor not within the affected
area are being preserved.
b. The potential agricultural utility and production on the alluvial valley floor within the
affected area have been reestablished.
c. The important characteristics supporting the essential hydrologic functions of an alluvial
valley floor in the affected area have been reestablished.
d. The important characteristics supporting the essential hydrologic functions of an alluvial
valley floor in areas not affected are preserved during and after mining.

2. Monitoring must be performed at frequencies adequate to indicate long-term trends that could
affect agricultural use of the alluvial valley floors.
3. Monitoring must be performed during operations to identify characteristics of the alluvial valley
floor not identified in the permit application and to evaluate the importance of all
characteristics.
4. All monitoring data and analyses must be submitted to the commission according to the
timetable approved in the permit application. Hydrologic monitoring and reporting must comply
with sections 69-05.2-16-05 and 69-05.2-16-14.
History: Effective August 1, 1980; amended effective May 1, 1990; May 1,1992; January 1, 1993.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24, 38-14.1-42
### § 69-05.2-25-04. Performance standards - Alluvial valley floors - Protection of farming and

water supplies.
1. If environmental monitoring shows that a mining operation is responsible for interrupting,
discontinuing, or precluding farming on alluvial valley floors, or is causing material damage to
water that supplies alluvial valley floors, the operation must cease until remedial measures are
taken by the operator. The remedial measures must be approved by the commission prior to
the resumption of mining.
2. Paragraphs 1 and 2 of subdivision e of subsection 3 of North Dakota Century Code section
prior to July 1, 1979, for any operation that, in the year preceding July 1, 1979:
a. Produced coal in commercial quantities and was located within or adjacent to an alluvial
valley floor; or
b. Obtained specific permit approval to conduct operations within an alluvial valley floor.
History: Effective August 1, 1980; amended effective May 1, 1990; January 1,1993.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-21, 38-14.1-24, 38-14.1-28
