N.D. Admin Code 69-05.2-04-01.1 - Areas unsuitable for mining - Areas where surface coal mining operations are prohibited or limited
1.
Unless the permit applicant has valid existing rights as determined under
section 69-05.2-04-01.5 or qualifies for
the exception for existing operations under section
69-05.2-04-01.2, surface coal
mining operations must not be located:
a. On
any lands listed in subsections 1 through 5 of North Dakota Century Code
section 38-14.1-07.
b. Within the boundaries of study rivers or
study river corridors established in any guidelines issued under the Wild and
Scenic Rivers Act [ 16
U.S.C. 1276(a) ].
2. The commission will not issue a
permit or approve an incidental boundary revision for mining on federal lands
within a national forest before the secretary of the United States department
of the interior, under 30 CFR 761, finds that:
a. There are no significant recreational,
timber, economic, or other values that may be incompatible with surface coal
mining operations; and
b. With
respect to lands that do not have significant forest cover within national
forests west of the one hundredth meridian, the secretary of the United States
department of agriculture has determined that surface mining is in compliance
with the Surface Mining Reclamation and Control Act of 1977 [
30 U.S.C.
1201 et seq.]; the Multiple-Use Sustained
Yield Act of 1960 [ 16
U.S.C. 528 -
531 ]; the Federal Coal Leasing
Amendments Act of 1975 [ 30
U.S.C. 181 et seq.]; and the National Forest
Management Act of 1976 [ 16
U.S.C. 1600 et seq.].
3. The prohibition on surface coal mining
activities being within one hundred feet [30.48 meters], measured horizontally,
of the outside right-of-way line of any public road does not apply:
a. Where a mine access or haul road joins a
public road; or
b. When, as
provided by section
69-05.2-04-01.3, the commission or
the appropirate public road authority with jurisdiction over the road allows
the road to be relocated or closed, or the area within the protected zone to be
affected by the surface coal mining operation.
4. The prohibition on surface coal mining
activities being within five hundred feet [152.40 meters], measured
horizontally, of any occupied dwelling does not apply if the owner of the
dwelling has provided a written waiver consenting to surface coal mining
operations within the protected zone as provided in section
69-05.2-04-01.4.
5. The prohibition on surface coal mining
activities within one hundred feet [30.48 meters], measured horizontally, of a
cemetery does not apply if the cemetery is relocated in accordance with all
applicable laws and rules.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-04, 38-14.1-07
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