§ 38-14.1-12 — Permits - Term - Termination

North Dakota § 38-14.1-12

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-14.1: Surface Mining and Reclamation Operations

Text

1. 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.