Site construction.

43-02-03-19. Site construction. 1. In the construction of a well site, saltwater handling facility, treating plant, access road, and all associated facilities, the topsoil must be removed, stockpiled, and stabilized or otherwise reserved for use when the area is reclaimed. "Topsoil" means the suitable plant growth material on the surface; however, in no event is this deemed to be more than the top twelve inches [30.48 centimeters] of soil or deeper than the depth of cultivation, whichever is greater. Soil stabilization materials, liners, fabrics, and other materials to be used onsite, on access roads or associated facilities, must be reported on a well or facility sundry notice to the director within thirty days after application. The reclamation plan for such materials must also be included. 2. If necessary to prevent pollution of the land surface and freshwaters, the director may require the site to be sloped and diked. 3. Sites may not be located in, or hazardously near, bodies of water, nor may they block natural drainages. Sites and associated facilities must be designed and built to be stable, divert surface drainage from entering the site, and prevent erosion. Sites exhibiting geotechnical instability causing or likely to cause movement sufficient to negatively impact existing or future infrastructure must be reported to the director immediately. 4. Sites or appropriate parts thereof must be fenced if required by the director. 5. Within six months after the completion of a well or construction of a saltwater handling facility or treating plant, the portion of the site not used for operations must be reclaimed, unless waived by the director. Operators shall file a well or facility sundry notice detailing the work that was performed and a current site diagram, which identifies the stockpiled topsoil location and its volume. History: Amended effective March 1, 1982; January 1, 1983; May 1, 1992; July 1, 2002; January 1, 2008; April 1, 2010; April 1, 2012; April 1, 2014; October 1, 2016; April 1, 2026. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-08-04 26