Section 69-05.2-04-01.1 - Areas unsuitable for mining - Areas where surface coal mining operations are prohibited or limited1. Unless the permit applicant has valid existing rights as determined under section 69-05.2-04-01.5 or qualifies for the exception for existing operations under section 69-05.2-04-01.2, surface coal mining operations must not be located: a. On any lands listed in subsections 1 through 5 of North Dakota Century Code section 38-14.1-07. b. Within the boundaries of study rivers or study river corridors established in any guidelines issued under the Wild and Scenic Rivers Act [ 16 U.S.C. 1276(a) ]. 2. The commission will not issue a permit or approve an incidental boundary revision for mining on federal lands within a national forest before the secretary of the United States department of the interior, under 30 CFR 761, finds that: a. There are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations; and b. With respect to lands that do not have significant forest cover within national forests west of the one hundredth meridian, the secretary of the United States department of agriculture has determined that surface mining is in compliance with the Surface Mining Reclamation and Control Act of 1977 [ 30 U.S.C. 1201 et seq.]; the Multiple-Use Sustained Yield Act of 1960 [ 16 U.S.C. 528 - 531 ]; the Federal Coal Leasing Amendments Act of 1975 [ 30 U.S.C. 181 et seq.]; and the National Forest Management Act of 1976 [ 16 U.S.C. 1600 et seq.]. 3. The prohibition on surface coal mining activities being within one hundred feet [30.48 meters], measured horizontally, of the outside right-of-way line of any public road does not apply: a. Where a mine access or haul road joins a public road; or b. When, as provided by section 69-05.2-04-01.3, the commission or the appropirate public road authority with jurisdiction over the road allows the road to be relocated or closed, or the area within the protected zone to be affected by the surface coal mining operation. 4. The prohibition on surface coal mining activities being within five hundred feet [152.40 meters], measured horizontally, of any occupied dwelling does not apply if the owner of the dwelling has provided a written waiver consenting to surface coal mining operations within the protected zone as provided in section 69-05.2-04-01.4. 5. The prohibition on surface coal mining activities within one hundred feet [30.48 meters], measured horizontally, of a cemetery does not apply if the cemetery is relocated in accordance with all applicable laws and rules. N.D. Admin Code 69-05.2-04-01.1
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-04, 38-14.1-07