Section 69-05.2-05-01 - Permit application filing - Completeness review - Review period1.General.a. Each operator or permittee who conducts or expects to conduct surface coal mining and reclamation operations shall file a complete permit application. For purposes of North Dakota Century Code section 38-14.1-18, the time of filing means the date on which the commission notifies the applicant the application is complete. b. Each applicant shall submit four copies of the complete application and all required materials to the commission. When federal lands are in the permit area, three copies shall be submitted to the commission and additional copies, as required, submitted to the office of surface mining reclamation and enforcement and bureau of land management. Each applicant shall also submit additional copies or portions of copies as necessary for reclamation advisory committee review. Applications may be submitted in an electronic format that has been approved by the commission. 2.Completeness review. The commission will determine whether the application is complete and acceptable for further review. The commission will notify the applicant in writing, within thirty days after the application is filed, as to whether the application is complete and whether public notice required by North Dakota Century Code section 38-14.1-18 may be initiated or specify deficiencies which must be corrected in order to make the application complete and acceptable for further review. The thirty-day completeness review period is counted as a part of the one hundred twenty-day period specified in subsection 3. If the application is substantially deficient, it will be rejected and returned. 3.Review period. The commission will have one hundred twenty days after the filing date to review and approve or disapprove the application and notify the applicant of the decision. a. The review period will be suspended until application deficiencies are corrected. The commission will advise the applicant, in writing, of its decision to suspend the period, reasons for suspension, the number of days remaining in the period, and what must be done for the review to continue. b. The commission will not issue a decision if an informal conference or formal hearing has been requested under chapter 69-05.2-10 and North Dakota Century Code section 38-14.1-30, and those proceedings cannot be conducted and a decision issued within the normal review period. 4.Extension of review period. The commission may extend the period not to exceed an additional one hundred twenty days if: a. The commission requires additional time to conduct an informal conference or a formal hearing or complete the decision process under 69-05.2-10 and North Dakota Century Code section 38-14.1-30. b. Significant changes are submitted that in the commission's judgment require additional time to review. The commission may require additional public notification and advisory committee review of the amended application under 69-05.2-10. N.D. Admin Code 69-05.2-05-01
Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; March 1, 2004.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-10, 38-14.1-20, 38-14.1-21