Section 69-05.2-04-01.7 - Areas unsuitable for mining - Commission obligations at time of permit application review1. Upon receipt of an administratively complete permit application or revision application that proposes to add acreage to the permit, the commission will review the application to determine whether the proposed surface coal mining operation would be located on any lands protected under North Dakota Century Code section 38-14.1-07 and section 69-05.2-04-01.1. 2. The commission will reject any portion of the application that would locate surface coal mining operations on land protected under North Dakota Century Code section 38-14.1-07 and section 69-05.2-04-01.1 unless: a. The site qualifies for the exception for existing operations under section 69-05.2-04-01.2; b. A person has valid existing rights for the land, as determined under section 69-05.2-04-01.6; c. The applicant obtains a waiver or exception from certain prohibitions in accordance with sections 69-05.2-04-01.3 and 69-05.2-04-01.4; or d. For lands protected by subsection 3 of North Dakota Century Code section 38-14.1-07, both the commission and the agency with jurisdiction over the park or place jointly approve the proposed operation in accordance with subsection 4. 3. If the commission has difficulty determining whether an application includes land within an area specified in subsection 1 of North Dakota Century Code section 38-14.1-07, subdivision b of subsection 1 of section 69-05.1-04-01.1, or within the specified distance from a structure or feature listed in subsection 5 of North Dakota Century Code section 38-14.1-07, the commission will request that any federal, state, or local governmental agency with jurisdiction over the protected land, structure, or feature verify the location. a. The request for location verification must: (1) Include relevant portions of the permit application. (2) Provide the agency with thirty days after receipt to respond, with a notice that another thirty days is available upon request. (3) Specify that the commission will not necessarily consider a response received after the comment period in paragraph 2. b. If the agency does not respond in a timely manner, the commission may make the necessary determination based on available information. 4. The following are procedures for joint approval of surface coal mining operations that will adversely affect publicly owned parks or historic places. a. If the commission determines that the proposed surface coal mining operation will adversely affect any publicly owned park or any place included in the national register of historic places, the commission will request that the federal, state, or local agency with jurisdiction over the park or place either approve or object to the proposed operation. The request will: (1) Include a copy of applicable parts of the permit application. (2) Provide the agency with thirty days after receipt to respond, with a notice that another thirty days is available upon request. (3) State that failure to interpose an objection within the time specified under paragraph 2 will constitute approval of the proposed operation. b. The commission may not issue a permit for a proposed operation subject to subdivision a unless all affected agencies jointly approve. c. Subdivisions a and b do not apply to: (1) Lands for which a person has valid existing rights, as determined under section 69-05.2-04-01.6. (2) Lands within the scope of the exception for existing operations in section 69-05.2-04-01.2. N.D. Admin Code 69-05.2-04-01.7
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-04, 38-14.1-07