N.D. Admin Code 69-05.2-11-02 - Permit revisions
1. A permit
revision is required:
a. For changes from
mining or reclamation methods approved in the permit.
b. For new operations not specified and
approved in the existing permit.
c. When a new coal or commercial leonardite removal subarea of the
existing permit area is proposed to be disturbed in accordance with the timing
and sequence approved in the permit. The revision is considered a significant
alteration to the mining and reclamation plan.
d. For acreage changes proposed to add or delete lands to or from
an existing permit area under subsection 2 or 6.
e. When required under section
69-05.2-11-01.
f. In order to continue operation after the
cancellation or material reduction of the liability insurance policy,
performance bond, or other equivalent guarantee upon which the original permit
was issued.
g. When an extension
is requested under subsection 3 of North Dakota Century Code section
38-14.1-12. 2. A permittee may
request additional acreage [hectarage] if the commission considers the addition
an incidental boundary change to the original permit area. This acreage
[hectarage] will have the same term as the original permit.
3. Revision applications must be filed and
approved before the date the permittee expects to change operations or initiate
operations not previously approved.
4. A revision application must include:
a. A narrative describing the proposed revision.
b. Appropriate maps and legal descriptions,
cross sections, graphs, construction details, procedures, revised reclamation
plans, and other data which affirmatively demonstrate compliance with the
applicable provisions of North Dakota Century Code sections
38-14.1-14,
38-14.1-16, and
38-14.1-24 and this
article.
5. The
commission will review and issue a decision on each revision application
according to the following:
a. The commission
will determine on the basis of the existing permit and the environmental
resources of the permit area whether the proposed revision is a significant
alteration or addition to the approved operations and reclamation plan. If the
proposed revision is significant, the commission will notify the permittee in
writing. A proposed revision found to be significant is subject to the notice,
hearing, and procedural requirements of 69-05.2-10 and North Dakota Century
Code sections
38-14.1-18,
38-14.1-19, and
38-14.1-20. Insignificant
revisions are not subject to these notice, hearing, and procedural
requirements.
b. The commission
will distribute copies of the application and supporting materials to the
appropriate members of the advisory committee. Committee members shall forward
their evaluation to the commission within twenty days of receipt.
c. The commission will issue a decision on
each significant application in accordance with the time periods and procedures
in section
69-05.2-05-01. The director of the
commission's reclamation division will issue a decision on insignificant
applications as soon as practicable.
d. No revision will be approved unless the permittee affirmatively
demonstrates and written findings are made that all of the permit approval
standards of subsection 6 of section
69-05.2-10-03, section
69-05.2-10-04, and subsection 3 of
North Dakota Century Code section
38-14.1-21 are
met.
6. A permittee may
file an application to withdraw any lands previously approved as a part of a
permit area, except lands on which operations have commenced. The permittee
shall demonstrate and certify that the proposed acreage [hectarage] to be
deleted has not been affected by mining activities. Applications to delete
undisturbed acreage [hectarage] are not subject to the public notice,
procedural, and approval or denial standards of 69-05.2-10 and North Dakota
Century Code chapter 38-14.1.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-23
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