Mining Permits

Storm Water Program Coordinator:

UPDATES -

Some of the presentations from the 2008 NDWPCC Stormwater Conference can be viewed by following the link below.

2008 NDWPCC Stormwater Conference Presentations

Mining permits for stormwater are required when mining or extraction activities take place at facilities subject to 40 CFR 434, 435, 436, or 440 for any process-related discharges, and facilities with SIC Codes between 10-14. Oil & Gas facilities (SIC 13) are only required to obtain this permit if they have a reportable quantity spill. The permit is renewed every five years.

Permit Requirements:

The permit requires the use of BMP's (Best Management Practices) to minimize the effects of erosion caused by Mining activities. A variety of BMP's can be utilized at a facility and is solely up to the owner or contractor to install the appropriate BMP's. The BMP's must be installed prior to any land disturbance and maintained through out the life of mining activity.

There is no fee to obtain storm water discharge permits.

Form Descriptions:

General Permit for Mining

The permit issued for mining or extraction activities is a "General" permit. A general permit is simply a permit that is written to address all mining or extraction activities and the same permit is issued to everyone.

Application Package

To apply for the permit, a NOI (Notice of Intent) must be submitted to the department along with a SWPP (Stormwater Pollution Prevention) Plan. This information must be submitted to the department at least 30-days prior to the start of any mining or extraction activities. The application package contains all of the forms necessary to apply for the permit.

Notice of Termination

The permit can only be terminated when no stormwater discharges associated with industrial activity remain at the covered facility. Or, discharges are from an inactive coal mining operation no longer meeting the definition of a reclamation area under 40 CFR 434.11(I). Or, all affected areas have been reclaimed.

DMR Form

Mining facilities may be required to monitor for pollutants.  The Department will communicate this information in writing to the facility if this is a requirement.  If monitoring is required at a facility, a Discharge Monitoring Report (DMR) is filled out and submitted to the Department. 

DISCLAIMER
Last Updated: 04/18/2008