# Title 69 — Public Service Commission

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

## Chapter 69-05.2-14 — Performance Standards - Casing and Sealing of Drilled Holes

Requirements
### § 69-05.2-14-01. Performance standards - Casing and sealing of drilled holes - General

requirements.
The operator shall case, seal, or otherwise manage each drill hole, borehole, or well within the
permit area to prevent toxic drainage from entering ground or surface waters, minimize disturbance to
the prevailing hydrologic balance, and ensure the safety of people, livestock, fish and wildlife, and
machinery in the permit and adjacent areas. Unless approved for monitoring, the operator shall
permanently close or otherwise acceptably manage openings uncovered or exposed by mining
activities. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions
of section 69-05.2-16-16. This section does not apply to holes drilled and used solely for blasting.
History: Effective August 1, 1980; amended effective June 1, 1983; May 1,1990.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
### § 69-05.2-14-02. Performance standards - Casing and sealing of drilled holes - Temporary.

Each drill hole or borehole identified in the approved permit application to be used to monitor
ground water conditions shall be temporarily sealed before use and protected during use by barricades,
or fences, or other protective devices approved by the commission. These devices must be periodically
inspected and maintained in good operating condition by the permittee or operator.
History: Effective August 1, 1980; amended effective January 1, 1993.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
### § 69-05.2-14-03. Performance standards - Casing and sealing of drilled holes - Permanent.

When no longer needed for monitoring or other use approved by the commission upon a finding of
no adverse environmental or health and safety effect, the operator shall permanently close drill holes
and boreholes to prevent toxic drainage from entering ground or surface waters.
History: Effective August 1, 1980; amended effective May 1, 1990.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
