§ 38-14.1-18 — Permit application procedures - Notice requirements

North Dakota § 38-14.1-18

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

Text

1. At the time of filing an application for a permit, or for revision of an existing permit, the
applicant shall submit to the commission a copy of the applicant's advertisement of the
ownership, precise location, and boundaries of the land proposed to be affected by the
permit or permit revision and the location where the application is available for public
inspection. Such advertisement must include notification to any person with an interest
which is or may be adversely affected that a petition to designate an area as
unsuitable for surface coal mining operations that is within the proposed permit area
must be filed within thirty days of the last publication of the notice. The permit applicant
shall place such advertisement in the official newspaper of each county wherein land
to be included within the permit area lies and in other daily newspapers of general
circulation in the locality of the proposed surface coal mining operation at least once a
week for four consecutive weeks from the date of filing the application for a permit.
Affidavits of publication for all advertisements published pursuant to this subsection
must be furnished to the commission by the permit applicant.
2. The permit applicant shall also conduct a search of the records of the county recorder
for each county for land within the proposed permit area and shall supply the
commission with a list of names and addresses of all owners of surface rights of land
within the proposed permit area and a list of all subsurface mineral owners within the

proposed permit area. The lists must be submitted to the commission along with the
application for a permit or permit revision.
3. Upon receipt of an application for a permit, or a revision thereof, the commission shall
serve notice upon state agencies specified in subsection 2 of section 38-14.1-21, city
and county governmental authorities, planning agencies, sewage and water treatment
authorities, and water companies in the locality of the proposed surface coal mining
operation of the permit applicant's intent to surface mine the particularly described
tract of land, indicating the application's permit number and where a copy of the
proposed mining and reclamation plan may be inspected, and informing them of their
right to submit written comments or objections pursuant to this section with respect to
the effect of the proposed surface coal mining operations on the environment within
their area of responsibility.
4. In addition, the commission shall send by certified mail to all owners of surface rights
of the land to be included within the permit area a notice of the opportunity to submit
comments or objections pursuant to this section on the proposed permit application
and its effect on the environment and the surface owner. This notice must also inform
each surface owner of the surface owner's right to request an informal conference
within the time prescribed in subsection 5 and of the surface owner's right to request a
formal hearing within thirty days of the ruling of the commission pursuant to subsection
3 of section 38-14.1-30.
5. Any person having an interest which is or may be adversely affected, including state
agencies other than the commission, has the right to file written comments or
objections to the application for a proposed initial or revised permit and to submit a
request for an informal conference pursuant to section 38-14.1-19, provided that the
written comments or objections and any request for an informal hearing are made
within thirty days after the last publication of the advertisement referred to in
subsection 1.
6. Any comments, objections, and requests for an informal conference must immediately
upon receipt be transmitted to the permit applicant by the commission and must be
made available to the public at the same location as is the permit application.