Section 69-05.2-04-01.3 - Areas unsuitable for mining - Procedures for relocating or closing a public road or waiving the buffer zone for a public road1. This section does not apply to: a. Lands for which a person has valid existing rights, as determined under section 69-05.2-04-01.5. b. Lands within the scope of the exception for existing operations in section 69-05.2-04-01.2. c. Access or haul roads that join a public road. 2. The applicant must obtain any necessary approvals from the authority with jurisdiction over the road before: a. Relocating a public road; b. Closing a public road; or c. Conducting surface coal mining operations within one hundred feet [30.48 meters], measured horizontally, of the outside right-of-way line of a public road. 3. Before approving an action proposed under subsection 2, the commission, or the public road authority with jurisdiction over the road, must determine that the interests of the public and affected landowners will be protected. Before making this determination, the commission will, if not included in the road authority's approval process: a. Provide a public comment period and opportunity to request a public hearing in the locality of the proposed operation. b. If a public hearing is requested, publish appropriate advance notice at least two weeks before the hearing in a newspaper of general circulation in the affected locality. c. Based upon information received from the public, make a written finding as to whether the interests of the public and affected landowners will be protected. If the commission holds a hearing, this finding will be made within thirty days after the hearing. However, if no public hearing is held and the commission makes this written finding, it may be delayed until the permit is issued. 4. Copies of the road authority's approval documents, including the written finding, must be provided to the commission. N.D. Admin Code 69-05.2-04-01.3
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-04, 38-14.1-07