In order to maximize resource recovery, the commission may require the extraction of any remaining coal deposits in areas to be reclaimed under North Dakota Century Code chapter 38-14.2, and may enter into a contractual agreement with the owner of the coal, if necessary, subject to the following conditions:
1. Extraction must be performed by a qualified contractor approved by the commission; 2. Extraction must comply with the applicable performance standards of North Dakota Century Code section 38-14.1-24 as specified by the commission in the agreement; 3. Compensation may be paid to the owner of the coal, if warranted, under such terms and conditions as the commission may prescribe; and 4. Such other conditions as the commission may prescribe in the agreement. N.D. Admin Code 69-05.3-01-05
Effective January 1, 1980.General Authority: NDCC 38-14.2-03
Law Implemented: NDCC 38-14.2-03