§ 38-14.1-22 — Permit renewal

North Dakota § 38-14.1-22

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

Text

1. Any valid permit issued pursuant to this chapter shall carry with it the right of
successive renewal upon expiration with respect to areas within the boundaries of the
existing permit. The holders of the permit may apply for renewal and such renewal
must be issued within a reasonable time as set forth in regulations promulgated by the
commission subsequent to fulfillment of the public notice requirements of subsection 1
of section 38-14.1-18 unless it is established that and written findings are made by the
commission that:
a. The terms and conditions of the existing permit are not being satisfactorily met;
and
b. The present surface coal mining and reclamation operation is not in compliance
with the provisions of this chapter; or
c. The renewal requested substantially jeopardizes the operator's continuing
responsibility on existing permit areas; and
d. The permittee has not provided evidence that the performance bond in effect for
said operation will continue in full force and effect for any renewal requested in
such application as well as any additional bond the commission might require
pursuant to section 38-14.1-16; or
e. Any additional revised or updated information required by the commission has not
been provided.
2. On application for renewal, the burden is on the opponents of renewal.
3. Any permit renewal must be for a term not to exceed the period of the original permit
established by this chapter. Application for permit renewal must be made at least one
hundred eighty days prior to the expiration of the valid permit.