North Dakota Code 38-14.1-22 – Permit renewal
1. Any valid permit issued pursuant to this chapter shall carry with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal and such renewal must be issued within a reasonable time as set forth in regulations promulgated by the commission subsequent to fulfillment of the public notice requirements of subsection 1 of section 38-14.1-18 unless it is established that and written findings are made by the commission that:
Terms Used In North Dakota Code 38-14.1-22
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
a. The terms and conditions of the existing permit are not being satisfactorily met; and b. The present surface coal mining and reclamation operation is not in compliance with the provisions of this chapter; or
c. The renewal requested substantially jeopardizes the operator’s continuing responsibility on existing permit areas; and
d. The permittee has not provided evidence that the performance bond in effect for said operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the commission might require pursuant to section 38-14.1-16; or
e. Any additional revised or updated information required by the commission has not been provided.
2. On application for renewal, the burden is on the opponents of renewal.
3. Any permit renewal must be for a term not to exceed the period of the original permit established by this chapter. Application for permit renewal must be made at least one hundred eighty days prior to the expiration of the valid permit.