Section 69-05.2-01-01 - Applicability of articleThis article applies to any person conducting surface coal mining operations; and to all surface coal mining operations conducted after August 1, 1980, on lands from which the coal or commercial leonardite had not yet been removed and to any other lands subject to North Dakota Century Code chapter 38-14.1 or this article.
1. This article does not apply to:a. The extraction of coal or commercial leonardite by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner.b. Coal or commercial leonardite removal for reclamation operations under North Dakota Century Code chapter 38-14.2.c. Coal or commercial leonardite extraction as an incidental part of federal, state, or local government-financed highway or other construction, except as provided by chapter 69-05.2-03.d. Coal or commercial leonardite extraction of two hundred fifty tons [226.80 metric tons] or less under a coal exploration permit issued by the office of the state geologist.2. The commission may on its own initiative and will, within a reasonable time of a request from any person who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt under this section. The commission will give reasonable notice of the request to interested persons. Prior to the time a determination is made, any person may submit, and the commission will consider, any relevant written information. A person requesting that an operation be declared exempt has the burden of establishing the exemption. If an exemption is reversed through subsequent administrative or judicial action, any person who, in good faith, has made a complete and accurate request for an exemption and relied upon the determination, may not be cited for violations which occurred prior to the date of the reversal.3. The commission may terminate its jurisdiction over the reclaimed site of a completed surface coal mining and reclamation operation, or increment of an operation, when it has released fully the related performance bond under the procedures of North Dakota Century Code section 38-14.1-17 and 69-05.2-12.4. The commission will reassert jurisdiction over a site if the bond release referred to in subsection 3 was based upon fraud, collusion, or misrepresentation of a material fact.N.D. Admin Code 69-05.2-01-01
Effective August 1, 1980; amended effective May 1, 1990; January 1, 1993.Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-02, 38-14.1-10, 38-14.1-37