§ 38-14.1-15 — Permit applications - Extended mining plan

North Dakota § 38-14.1-15

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

Text

1. An applicant shall submit as part of a permit application a plan identifying the lands
subject to surface coal mining operations over the estimated life of those operations
and the size, sequence, and timing of the subareas for which it is anticipated that
individual permits will be sought.
2. The permittee shall annually advise the commission of the status of the plan and shall
amend such plan if changes are made in anticipated mining operations or if updated
information is available.
38-14.1-16. Performance bond - Amount - Sufficiency of surety - Amount of forfeiture.
1. As part of a surface coal mining and reclamation permit application, the permit
applicant shall file with the commission, on a form prescribed and furnished by the
commission, a bond for performance payable to the state of North Dakota and
conditional upon faithful performance of all the requirements of this chapter and the
requirements of all regulations promulgated pursuant to this chapter and all permit
terms and conditions.
2. The commission shall set the bond amount sufficient to complete the reclamation plan
in event of forfeiture. The bond for the permit area must be at least ten thousand
dollars.
3. The bond must cover that area of land within the permit area upon which the permittee
will initiate and conduct surface coal mining and reclamation operations for the
ensuing year. Prior to initiating and conducting succeeding increments of surface coal
mining and reclamation operations within the permit area, the permittee shall file with
the commission an additional bond or bonds to cover such increments in accordance
with this section.
4. Liability under the bond, subject to allowable releases under subsection 7 of section
38-14.1-17, is for the duration of the surface coal mining and reclamation operation
and for a period coincident with the permittee's responsibility for revegetation
requirements in subsection 18 of section 38-14.1-24 and until such time as the lands
included in the surface coal mining operation have been approved and released by the
commission. The bond must be executed by the permit applicant and a corporate
surety licensed to do business in North Dakota, except that the permit applicant may
elect to deposit cash, negotiable bonds of the United States or of North Dakota, or
negotiable certificates of deposit of any bank organized or transacting business in the
state. The cash deposit or market value of such securities must be equal to or greater
than the amount of the bond required for the bonded area.
5. Cash or securities so deposited must be deposited upon the same terms as the terms
upon which surety bonds may be deposited. Such securities are security for the
repayment of such negotiable certificate of deposit.
6. A bond filed as prescribed in subsection 2 for areas not yet affected by surface coal
mining and reclamation operations may not be canceled by the surety unless it shall
give not less than ninety days' notice to the commission. For lands on which surface
coal mining and reclamation operations are being conducted, the bond may not be
canceled by the surety unless a substitute surety assuming liability from the initiation
of such operations is obtained and is approved by the commission.
7. If the corporate surety's license is suspended or revoked, the permittee, after notice
from the commission, shall provide a substitute performance bond. If the permittee
fails to make substitution within thirty days, the commission may suspend the permit. If
substitution is not made within ninety days, the commission shall suspend the permit.
8. The commission may accept the bond of the permit applicant itself without separate
surety when the permit applicant demonstrates to the satisfaction of the commission
the existence of a suitable agent to receive service of process and a history of financial
solvency and continuous operation sufficient for authorization to self-insure or bond
such amount.
9. The amount of the bond or deposit required and the terms of each acceptance of the
permit applicant's bond must be adjusted by the commission from time to time as

acreages [hectarages] affected by surface coal mining operations are increased or
decreased or where the cost of future reclamation changes.
10. The amount of any forfeiture of the bond or security must be the amount prescribed in
the permit for each acre [.40 hectare] or portion thereof on which surface coal mining
and reclamation operations are being conducted.