Section 69-05.2-04-01.4 - Areas unsuitable for mining - Procedures for waiving the prohibition on mining within the buffer zone around an occupied dwelling1. 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. 2. If the applicant proposes to conduct surface coal mining operations within five hundred feet [152.40 meters], measured horizontally, of any occupied dwelling, the permit application must include a written waiver by lease, deed, or other conveyance from the owner of the dwelling. The waiver must clarify that the owner and signator had the legal right to deny mining and knowingly waived that right. The waiver will act as consent to surface coal mining operations within a closer distance of the dwelling as specified. 3. If the applicant obtained a valid waiver before August 3, 1977, from the owner of an occupied dwelling to conduct operations within five hundred feet [152.40 meters] of the dwelling, a new waiver is not needed. 4. If the applicant obtains a valid waiver from the owner of an occupied dwelling, that waiver will remain effective against subsequent purchasers who had actual or constructive knowledge of the existing waiver at the time of purchase. A subsequent purchaser will be deemed to have constructive knowledge if the waiver has been properly filed with the recorder in the county where the dwelling is located or if surface coal mining operations have occurred within the five-hundred-foot [152.40-meter] zone before the date of purchase. N.D. Admin Code 69-05.2-04-01.4
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-04, 38-14.1-07