Section 69-05.2-11-06 - Transfer, sale, or assignment of rights granted under permit1. Any person seeking to succeed by transfer, sale, or assignment to the rights granted by a permit shall, prior to transfer, sale, or assignment: a. Obtain the performance bond coverage of the original permittee by: (1) Obtaining transfer of the original bond; (2) Obtaining a written agreement with the original permittee and all subsequent successors in interest that the bond will continue in force and be supplemented as the commission requires. If agreement is reached, the commission may authorize release of bond in excess of that required by the agreement; or (3) Providing sufficient bond or acceptable alternative to cover the original permit in its entirety from inception to completion of reclamation operations. b. Provide the commission with an application for approval of proposed transfer, sale, or assignment, including: (1) The name and address of the existing permittee; (2) The name and address of the person proposing to succeed by transfer, sale, or assignment and the name and address of that person's resident agent; (3) A brief description of the proposed action requiring approval; and (4) The information required by sections 69-05.2-06-01, 69-05.2-06-02, and 69-05.2-06-03 and subdivisions c, e, and h of subsection 1 and subsection 3 of North Dakota Century Code section 38-14.1-14. c. Obtain the commission's written approval for transfer, sale, or assignment ofrights, according to subsection 4. 2. The person applying for approval of transfer, sale, or assignment of rights granted by a permit shall advertise the filing of the application according to section 69-05.2-10-01 and North Dakota Century Code section 38-14.1-18, indicating the name and address of the applicant, the original permittee, the number and particular geographic location of the permit, and the address to which written comments may be sent. 3. Any person whose interests are or may be adversely affected, including the head of any local or state government agency, may submit written comments to thecommission on the application under the procedures in 69-05.2-10. 4. The commission may, based on the applicant's compliance with subsections 1 and 2, grant written approval for the transfer, sale, or assignment of rights under a permit, if it first finds, in writing, that: a. The applicant will conduct the operations in accordance with North Dakota Century Code chapter 38-14.1 and this article. b. The applicant has submitted a bond or other guarantee at least equivalent to the original. c. The applicant will continue to conduct operations in compliance with the terms and conditions of the original permit, until it has obtained a new permit under section 69-05.2-11-07. d. The applicant is eligible to receive a permit under section 69-05.2-10-03. 5. The commission will notify the permittee, successor, commentors, and the office of surface mining reclamation and enforcement of its findings. 6. The successor shall immediately notify the commission of the consummation of the transfer, assignment, or sale of permit rights. N.D. Admin Code 69-05.2-11-06
Effective August 1, 1980; amended effective May 1, 1990; July 1,1995.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-23