N.D. Admin Code 69-05.2-10-01 - Permit applications - Public notices of filing and entering data into the applicant violator system
1. The
advertisement required by North Dakota Century Code section
38-14.1-18 must also include:
a. The applicant's name and business
address.
b. A map or description
which must:
(1) Clearly show or describe
towns, rivers, streams, or other bodies of water, local landmarks, and any
other information, including routes, streets, or roads and accurate distance
measurements, necessary to allow local residents to readily identify the permit
area.
(2) Clearly show or describe
the exact location and boundaries of the permit area.
(3) Show the north point (if a
map).
(4) State the name of each
owner of record of surface rights and, if the applicant proposes to mine coal
or commercial leonardite or conduct activities that may impact future coal or
commercial leonardite recovery, the names of each owner of record of coal or
commercial leonardite rights within the permit boundaries.
c. The address of the commission, to whom
written comments, objections, or requests for informal conferences on the
application may be submitted.
d. If
an applicant seeks a permit to conduct operations within one hundred feet
[30.48 meters] of the outside right of way of a public road or to relocate a
public road, a concise statement describing the road, the particular part to be
relocated, where the relocation is to occur, and its duration.
2. The commission will distribute
appropriate portions of the application to the state advisory committee
specified in subsection 2 of North Dakota Century Code section
38-14.1-21 formed to aid the
commission in evaluating the operations and reclamation plan. Members of the
committee shall forward their evaluation to the commission within forty-five
days of receipt.
3. If the
application contains prime farmlands to be mined, the commission will furnish
the state conservationist of the natural resource conservation service with the
prime farmland reclamation plan submitted under section
69-05.2-09-15. The state
conservationist shall provide review and comment on the proposed method of soil
reconstruction and suggest remedial revisions if the plan is considered
inadequate.
4. The applicant shall
make a copy of the complete application available for the public to inspect and
copy by filing it with the county auditor in the county where the mining is
proposed. The applicant shall file the copy by the first date of the newspaper
advertisement and any subsequent changes at the same time they are submitted to
the commission.
5. In addition to
the requirements of subsection 3 of section
38-14.1-18 of the North Dakota
Century Code, the commission will notify all federal or state government
agencies with authority to issue permits and licenses applicable to the
proposed operations as part of the permit coordinating process and those with
an interest in the proposed operations. These agencies include the soil
conservation district office, the local United States army corps of engineers
district engineer, the national park service, and the United States fish and
wildlife service.
6. The commission
will provide notice and opportunity for hearing for persons seeking and
opposing disclosure prior to declaring any permit information confidential.
Notice will be published in the official county newspaper of the county where
the proposed operations will be located at least fifteen days prior to the
hearing. Information requested to be held confidential must be clearly
identified by the applicant and submitted separately. Confidential information
is limited to:
a. Analysis of the chemical
and physical properties of the coal or commercial leonardite to be mined,
except information on coal or commercial leonardite components potentially
toxic in the environment.
b. The
nature and location of archaeological resources on public land and Indian land
as required by the Archaeological Resources Protection Act of 1979.
7. Upon deeming an application
complete, the commission will:
a. Enter into
the applicant violator system maintained by the office of surface mining
reclamation and enforcement the business entity information that the applicant
is required to submit under section
69-05.2-06-01 and information
required by section
69-05.2-06-02 pertaining to
violations which are unabated or uncorrected after the abatement or correction
period has expired. The applicant violator system, or AVS, is the automated
information system of applicant, permittee, operator, violation and related
data that the office of surface mining reclamation and enforcement maintains to
assist in implementing the Surface Mining Control and Reclamation Act of 1977 [
Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201, et
seq.].
b. Update the information
referred to in subdivision a in AVS upon verifying any additional information
submitted or discovered during the review of the permit application.
8. The commission will rely upon
the information that the applicant submits under section
69-05.2-06-01, information from
AVS, and any other available information, to review the applicant's and
operator's organizational structure and ownership or control relationships.
This review will be conducted before a permit eligibility determination is made
in accordance with subsections 1 through 5 of section
69-05.2-10-03.
9. The commission will rely upon the
information that the applicant submits under section
69-05.2-06-01, information from
AVS, and any other available information to review the applicant's and
operator's permit histories and previous mining experiences. The commission
will also determine if the applicant and operator have previous mining
experience. If the applicant or operator does not have any previous mining
experience, the commission may conduct additional reviews to determine if
someone else with mining experience controls the mining operation. These
reviews will be conducted before a permit eligibility determination is made in
accordance with subsections 1 through 5 of section
69-05.2-10-03.
10. The commission will rely upon the
information that the applicant submits under section
69-05.2-06-02, a report from AVS,
and any other available information to review histories of compliance for the
applicant, any person who owns or controls the applicant, the operator, or
operations owned or controlled by the operator, in regard to violations of any
law or rule of this state, the Surface Mining Control and Reclamation Act of
1977 [ Pub. L. 95-87; 91 Stat. 445;
30 U.S.C.
1201, et seq.]. or any law or rule in any
state enacted under federal law or regulation pertaining to air or water
environmental protection, incurred in connection with any surface coal mining
and reclamation operation. This review will be conducted before a permit
eligibility determination is made in accordance with subsections 1 through 5 of
section 69-05.2-10-03.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-18
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