North Dakota Code 38-14.1-18 – Permit application procedures – Notice requirements
1. At the time of filing an application for a permit, or for revision of an existing permit, the applicant shall submit to the commission a copy of the applicant’s advertisement of the ownership, precise location, and boundaries of the land proposed to be affected by the permit or permit revision and the location where the application is available for public inspection. Such advertisement must include notification to any person with an interest which is or may be adversely affected that a petition to designate an area as unsuitable for surface coal mining operations that is within the proposed permit area must be filed within thirty days of the last publication of the notice. The permit applicant shall place such advertisement in the official newspaper of each county wherein land to be included within the permit area lies and in other daily newspapers of general circulation in the locality of the proposed surface coal mining operation at least once a week for four consecutive weeks from the date of filing the application for a permit. Affidavits of publication for all advertisements published pursuant to this subsection must be furnished to the commission by the permit applicant.
Terms Used In North Dakota Code 38-14.1-18
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. The permit applicant shall also conduct a search of the records of the county recorder for each county for land within the proposed permit area and shall supply the commission with a list of names and addresses of all owners of surface rights of land within the proposed permit area and a list of all subsurface mineral owners within the proposed permit area. The lists must be submitted to the commission along with the application for a permit or permit revision.
3. Upon receipt of an application for a permit, or a revision thereof, the commission shall serve notice upon state agencies specified in subsection 2 of section 38-14.1-21, city and county governmental authorities, planning agencies, sewage and water treatment authorities, and water companies in the locality of the proposed surface coal mining operation of the permit applicant’s intent to surface mine the particularly described tract of land, indicating the application’s permit number and where a copy of the proposed mining and reclamation plan may be inspected, and informing them of their right to submit written comments or objections pursuant to this section with respect to the effect of the proposed surface coal mining operations on the environment within their area of responsibility.
4. In addition, the commission shall send by certified mail to all owners of surface rights of the land to be included within the permit area a notice of the opportunity to submit comments or objections pursuant to this section on the proposed permit application and its effect on the environment and the surface owner. This notice must also inform each surface owner of the surface owner’s right to request an informal conference within the time prescribed in subsection 5 and of the surface owner’s right to request a formal hearing within thirty days of the ruling of the commission pursuant to subsection 3 of section 38-14.1-30.
5. Any person having an interest which is or may be adversely affected, including state agencies other than the commission, has the right to file written comments or objections to the application for a proposed initial or revised permit and to submit a request for an informal conference pursuant to section 38-14.1-19, provided that the written comments or objections and any request for an informal hearing are made within thirty days after the last publication of the advertisement referred to in subsection 1.
6. Any comments, objections, and requests for an informal conference must immediately upon receipt be transmitted to the permit applicant by the commission and must be made available to the public at the same location as is the permit application.