Section 69-05.2-09-15 - Permit applications - Operation and reclamation plans - Prime farmlands If appropriate, the applicant shall submit a mining and restoration plan for prime farmland containing:
1. The cooperative soil survey that identified the prime farmland, soil mapping units, and representative soil profile descriptions. The plan must include soil horizon depths, pH, and range of soil densities for each prime farmland soil mapping unit. 2. The method and equipment for removing, storing, and respreading suitable plant growth materials. 3. Locations for separate stockpiling and plans for soil stabilization before redistribution. 4. The postmining topographic map showing the prime farmland respread areas. 5. Applicable documentation that supports the use of other suitable strata, instead of the A, B, or C soil horizon, to obtain equivalent or higher levels of productivity as nonmined prime farmlands in the surrounding area under equivalent management levels. 6. Plans for seeding or cropping the area and conservation practices. Proper adjustments for seasons must be proposed so that final graded land is not exposed to erosion when vegetation or conservation practices cannot be established or implemented. 7. Available agricultural school studies or other scientific data for areas with comparable soils, climate, and management (including water management) that affirmatively demonstrate achievement of postmining productivity equal to or greater than premining productivity. 8. If a reclaimed cropland tract will contain a mixture of prime and nonprime farmlands and commission approval of a single yield standard for the entire tract is requested as allowed by subdivision I of subsection 4 of section 69-05.2-22-07, a detailed description and comparison of the soil mapping units and acreages occurring in the prime and nonprime parcels must be provided. The comparison must include the appropriate yield calculations for the prime and nonprime parcels as well as the single yield standard that is proposed. N.D. Admin Code 69-05.2-09-15
Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; May 1, 2001.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14