Current through the 2023 Legislative Sessions
Section 38-14.1-12 - Permits - Term - Termination1. All permits for surface coal mining and reclamation operations must comply with the standards of this chapter, any regulations promulgated thereunder, and such other requirements as the commission shall establish.2. All permits issued pursuant to the requirements of this chapter must be issued for a term not to exceed five years; provided, that if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation and if the application is full and complete for such specified longer term, the commission may grant a permit for such longer term.3. A permit terminates if the permittee has not commenced the surface coal mining operations covered by such permit within three years of the issuance of the permit, provided that: a. The commission may grant reasonable extensions of time upon a showing that such extensions are necessary by reason of litigation precluding such commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee.b. With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee must be deemed to have commenced surface coal mining operations at such time as the construction of the synthetic fuel or generating facility is initiated.