N.D. Admin Code 69-05.2-06-01 - Permit applications - Identification of interests
1. In addition to satisfying the applicable
requirements of subsection 1 of North Dakota Century Code section
38-14.1-14, each application must
contain:
a. The names and addresses of the
owner of record of surface and coal or commercial leonardite subsurface rights
contiguous to the permit area extending one-fourth mile [402.33 meters] from
the permit boundary.
b. The mine
name and the mine safety and health administration identification
number.
c. A statement of all
lands, interests in lands, options, or pending bids on interests held or made
by the applicant for lands contiguous to the permit area extending one-fourth
mile [402.33 meters] from the permit boundary.
d. The name, address, telephone number, and,
as applicable, social security number and employer identification number of
the:
(1) Applicant.
(2) Applicant's resident agent.
(3) Person who will pay the abandoned mine
land reclamation fee.
e.
For each person who owns or controls the applicant under the definition of
"owned or controlled" or "owns or controls", as applicable:
(1) The person's name, address, social
security number, and employer identification number.
(2) The person's ownership or control
relationship to the applicant, including percentage of ownership and location
in the organizational structure.
(3) The title of the person's position, date
position was assumed, and, when submitted under subdivision e of subsection 3
of section
69-05.2-10-05, the date of
departure from the position.
(4)
Each additional name and identifying number, including employer identification
number, federal or state permit number, and mine safety and health
administration number with date of issuance, under which the person owns or
controls, or previously owned or controlled, a surface coal mining and
reclamation operation in the United States within the five years preceding the
date of the application.
(5) The
application number or other identifier of, and the regulatory authority for,
any other pending surface coal mining operation permit application filed by the
person in any state in the United States.
f. For any surface coal mining operation
owned or controlled by either the applicant or by any person who owns or
controls the applicant under the definition of "owned or controlled" and "owns
or controls", the operation's:
(1) Name,
address, identifying numbers, including employer identification number, federal
or state permit number and mine safety and health administration number, the
date of issuance of the mine safety and health administration number, and the
regulatory authority.
(2) Ownership
or control relationship to the applicant, including percentage of ownership and
location in the organizational structure.
2. With regard to the business entity
information required by subdivisions d through f of subsection 1:
a. If this information is already in the
applicant violator system maintained by the office of surface mining
reclamation and enforcement, the applicant:
(1) May certify to the commission by
affirming, under oath and in writing, that the relevant information in the
applicant violator system is accurate, complete, and up to date; or
(2) If the part of the information in the
applicant violator system is missing or incorrect, submit the necessary
information or corrections and affirm, under oath and in writing, that the
information submitted is accurate and complete.
b. The applicant shall affirm, under oath and
in writing, that all business entity information provided in an application is
accurate and complete.
c. The
commission may establish a central file to house the applicant's business
entity identity information, rather than place duplicate information in each
permit file. If a central file is established for an applicant, the information
in that file will be considered a component of each permit it is connected to.
The commission will make information in a central file available to the public
and the applicant shall file a copy with the county auditor in the county where
mining is proposed.
d. After
notification that the application is deemed ready for approval but before the
permit is issued, the applicant shall, as applicable, update, correct, or
indicate that no change has occurred in the information previously submitted
under subdivisions d through f of subsection 1 or certify that information in
the applicant violator system is still accurate, complete, and up to
date.
3. The applicant
shall submit information required by this section in any format prescribed by
the office of surface mining reclamation and enforcement.
4. The submission of a social security number
in subdivisions d and e of subsection 1 is voluntary.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14
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