Section 69-05.2-11-02 - Permit revisions1. A permit revision is required: a. For changes from mining or reclamation methods approved in the permit. b. For new operations not specified and approved in the existing permit. c. When a new coal or commercial leonardite removal subarea of the existing permit area is proposed to be disturbed in accordance with the timing and sequence approved in the permit. The revision is considered a significant alteration to the mining and reclamation plan. d. For acreage changes proposed to add or delete lands to or from an existing permit area under subsection 2 or 6. e. When required under section 69-05.2-11-01. f. In order to continue operation after the cancellation or material reduction of the liability insurance policy, performance bond, or other equivalent guarantee upon which the original permit was issued. g. When an extension is requested under subsection 3 of North Dakota Century Code section 38-14.1-12. 2. A permittee may request additional acreage [hectarage] if the commission considers the addition an incidental boundary change to the original permit area. This acreage [hectarage] will have the same term as the original permit. 3. Revision applications must be filed and approved before the date the permittee expects to change operations or initiate operations not previously approved. 4. A revision application must include: a. A narrative describing the proposed revision. b. Appropriate maps and legal descriptions, cross sections, graphs, construction details, procedures, revised reclamation plans, and other data which affirmatively demonstrate compliance with the applicable provisions of North Dakota Century Code sections 38-14.1-14, 38-14.1-16, and 38-14.1-24 and this article. 5. The commission will review and issue a decision on each revision application according to the following: a. The commission will determine on the basis of the existing permit and the environmental resources of the permit area whether the proposed revision is a significant alteration or addition to the approved operations and reclamation plan. If the proposed revision is significant, the commission will notify the permittee in writing. A proposed revision found to be significant is subject to the notice, hearing, and procedural requirements of 69-05.2-10 and North Dakota Century Code sections 38-14.1-18, 38-14.1-19, and 38-14.1-20. Insignificant revisions are not subject to these notice, hearing, and procedural requirements. b. The commission will distribute copies of the application and supporting materials to the appropriate members of the advisory committee. Committee members shall forward their evaluation to the commission within twenty days of receipt.c. The commission will issue a decision on each significant application in accordance with the time periods and procedures in section 69-05.2-05-01. The director of the commission's reclamation division will issue a decision on insignificant applications as soon as practicable. d. No revision will be approved unless the permittee affirmatively demonstrates and written findings are made that all of the permit approval standards of subsection 6 of section 69-05.2-10-03, section 69-05.2-10-04, and subsection 3 of North Dakota Century Code section 38-14.1-21 are met. 6. A permittee may file an application to withdraw any lands previously approved as a part of a permit area, except lands on which operations have commenced. The permittee shall demonstrate and certify that the proposed acreage [hectarage] to be deleted has not been affected by mining activities. Applications to delete undisturbed acreage [hectarage] are not subject to the public notice, procedural, and approval or denial standards of 69-05.2-10 and North Dakota Century Code chapter 38-14.1.N.D. Admin Code 69-05.2-11-02
Effective August 1, 1980; amended effective June 1, 1983; May 1,1990; May 1, 1992; January 1, 1993.Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-23