North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02.2 - In Situ Leach Mining Rules › Section 43-02-02.2-15 - Permit application - General contents

Current through Supplement No. 393, July, 2024
1. The application must:
a. Describe by legal description the land for
				which a permit is sought.
b.
				Identify all property interests the applicant holds, including options, in the
				lands for which a permit is sought and in all contiguous land. This
				identification must cover surface and subsurface interests and legal
				descriptions must be provided identifying the location of each interest and
				option.
c. List the names and
				addresses of the following:
(1) The permit
				applicant.
(2) Every legal or
				equitable owner of record (surface and subsurface) of the property for which a
				permit is sought.
(3) The holders
				of record (surface and subsurface) of any leasehold interest in the
				property.
(4) Any purchaser of
				record (surface and subsurface) of the property under a contract.
(5) The operator, if the operator is a person
				different from the permit applicant.
(6) If any of the above are business entities
				other than a single proprietor, the names and addresses of the principals,
				officers, and resident agent.
(7)
				Every owner of record of all surface and subsurface interests in contiguous
				land.
d. State, if the
				applicant is a partnership, corporation, limited liability company,
				association, or other business entity. State that the applicant is registered
				with the North Dakota secretary of state to do business in North Dakota and
				state:
(1) The names and addresses of every
				officer, manager, partner, director, governor, or person performing a function
				similar to a director.
(2) The name
				and address of any person owning of record ten percent or more of any class of
				voting stock or membership interests of the applicant.
e. All names under which the applicant, and
				any partner, principal shareholder, or principal member of the applicant, was
				involved in a mining operation within any state during the five years preceding
				the date of the application.
f. A
				description of any pending, current, or previous permits for mining operations
				in any state being sought or held by the applicant and any partner, principal
				shareholder, or principal member of the applicant.
g. A description of any instance in which the
				applicant has been formally notified that it violated any law of the United
				States or the state of North Dakota, or of any agency of the United States or
				of the state of North Dakota, pertaining to air or water protection in
				connection with any mining operation during the five years prior to the date of
				application. The applicant must also explain the final resolution of any such
				notice.
h. Whether the applicant,
				any subsidiary, affiliate, or persons controlled by or under common control
				with the applicant, has ever held any federal or state permit for a mining
				operation that in the five years prior to the date of the application has been
				suspended or revoked, or has had a bond or similar security for a mining
				operation forfeited and, if so, explain the facts involved.
i. In this subdivision, "mining operations"
				is interpreted broadly to cover all kinds of mining.