Section 69-05.2-06-01 - Permit applications - Identification of interests1. 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:(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.N.D. Admin Code 69-05.2-06-01
Effective August 1, 1980; amended effective June 1, 1983; May 1,1990;May 1, 1992; July 1, 1995; April 1, 2013.Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14