Section 69-05.2-09-09 - Permit applications - Operation plans - Surface water management - Ponds, impoundments, banks, dams, embankments, and diversions1. Each application must include a surface water management plan describing each water management structure intended to meet the requirements of chapter 69-05.2-16. Each plan must: a. Identify and show on a map of appropriate scale the locations of proposed ponds, impoundments, and diversions, whether temporary or permanent, and include:(1) Each watershed boundary within the permit and adjacent areas.(2) Proposed disturbance boundaries within each watershed and the area of each watershed.b. Provide the following preliminary information for each pond or impoundment:(1) The purpose of the structure.(2) A typical cross section of the proposed structure.(3) The name and size in acres [hectares] of the watershed affecting the structure.(4) Other preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure.c. If underground mining operations occurred in the area, include a survey describing the potential effect of subsidence on the structure from the past underground mining activities.d. Include a schedule of the approximate construction dates for each structure and, if appropriate, a timetable to remove each structure.e. Include a statement that detailed design plans, as required in subsection 2, will be submitted to the commission, provided that:(1) Detailed design plans for structures scheduled for construction within the first year of the permit term must be submitted with the application.(2) Detailed design plans for a structure must be approved by the commission prior to construction.f. Identify the location of proposed temporary coal or commercial leonardite processing waste disposal areas, along with design specifications to meet the requirements in section 69-05.2-19-03.g. Identify the location of proposed coal or commercial leonardite processing waste dams and embankments along with design specifications to meet the requirements in 69-05.2-20. The plan must include the results of a geotechnical investigation of each proposed coal or commercial leonardite dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment and the impounded material. The geotechnical investigation must be planned and supervised by an engineer or engineering geologist, as follows: (1) Determine the number, location, and depth of borings and test pits using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions.(2) Consider the character of the overburden, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site.(3) Identify springs, seepage, and ground water flow observed or anticipated during wet periods in the proposed dam or embankment area.(4) Consider the possibility of mudflows or other landslides into the dam, embankment, or impounded material.h. Include a statement that the plan has been prepared by, or under the direction of, and certified by a qualified registered professional engineer or qualified registered land surveyor experienced in the design of impoundments. The plans must be certified as meeting the requirements of this article using current, prudent engineering practices and any design requirements established by the commission.2. The application must contain detailed design plans for each structure identified in paragraph 1 of subdivision e of subsection 1. These plans must: a. Meet all applicable requirements of sections 69-05.2-16-06, 69-05.2-16-07, 69-05.2-16-08, 69-05.2-16-09, 69-05.2-16-10, and 69-05.2-16-12.b. Identify by watershed each mining activity along with an estimate of the affected area associated with each disturbance type.c. Provide the total runoff and peak discharge rates attributable to the storm or storms for which the structure is designed, including supporting calculations. The plan should specify baseflow, if appropriate.d. The estimated sediment yield of the contributing watershed, calculated according to subsection 2 of section 69-05.2-16-09, and sediment storage capacity of the structure.e. Provide, at an appropriate scale, detailed dimensional drawings of the impounding structure including a plan view and cross sections of the length and width of the impounding structure, showing all zones, foundation improvements, drainage provisions, spillways, outlets, instrument locations, and slope protection. The plans must also show the measurement of the minimum vertical distance between the top of the impounding structure and the reservoir surface at present and under design storm conditions, permanent pool level, and other pertinent information.f. Include graphs showing elevation - area - capacity curves to the top of the embankment.g. Describe the spillway features and include stage discharge curves and calculations used in their determination.h. If an impoundment meets the size or other criteria of subsection 17 or 18 of section 69-05.2-16-09, include a stability analysis of the structure. The stability analysis must include strength parameters, pore pressures, and long-term seepage conditions. The plan must also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.i. Demonstrate that detention time criteria of section 69-05.2-16-09 can be met, if applicable.j. Describe any geotechnical investigations, design, and construction requirements of the structure including compaction procedures and testing, including any direct connections of the impoundment basin to ground water flow in the area.k. If an impoundment meets the size or other criteria of subsection 17 of section 69-05.2-16-09, include a copy of the plan sent to the district manager of the United States mine safety and health administration.l. Describe proposed structure operations, maintenance and, if appropriate, a timetable for removal and reclamation plans.m. Provide detailed design specifications for diversions, including maps, cross sections, and longitudinal profiles which illustrate existing ground surface and proposed grade of all stream channel diversions and other diversions to be constructed within the permit area or feeding into the contributing drainage of an impoundment.n. Include additional information as necessary to enable the commission to completely evaluate the structure.N.D. Admin Code 69-05.2-09-09
Effective August 1, 1980; amended effective June 1, 1983; June 1, 1986; May 1, 1990; May 1, 1992; January 1, 1993; May 1, 1999.Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14