North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-04 - Areas Unsuitable for Mining › Section 69-05.2-04-01.6 - Areas unsuitable for mining - Processing requests for valid existing rights determinations

Current through Supplement No. 393, July, 2024
1. The
				commission will conduct an initial review to determine whether the request
				includes all applicable components of the submission requirements of section
				69-05.2-04-01.5. This review
				pertains only to the completeness of the request, not the legal or technical
				adequacy of the materials submitted.
2. If the request does not include all
				applicable components of the submission requirements of section
				69-05.2-04-01.5, the commission
				will notify the applicant and establish a reasonable time for submission of the
				missing information.
3. When the
				request includes all applicable components of the submission requirements of
				section 69-05.2-04-01.5, the commission
				will notify the applicant and implement the notice and comment requirements of
				subsection 5. Upon receipt of that notice, the applicant must file a copy of
				the request in the office of the county auditor of the county in which the land
				is located.
4. If the applicant
				does not provide information that the commission requests under subsection 2
				within the time specified or as subsequently extended, the commission will
				issue a determination that valid existing rights have not been demonstrated, as
				provided by subdivision d of subsection 6.
5. Notice and comment requirements and
				procedures.
a. When the request satisfies the
				completeness requirements of subsection 3, the commission will notify the
				applicant to publish a notice in a newspaper of general circulation in the
				county in which the land is located. This notice must invite comment on the
				merits of the request. A copy of the published notice must be provided to the
				commission. The notice must include:
(1) The
				location of the land to which the request pertains.
(2) A description of the type of surface coal
				mining operations planned.
(3) A
				reference to and brief description of the applicable standards under the
				definition of valid existing rights in subsection 120 of section
				69-05.2-01-02.
(a) If the request relies upon the all
				permits or good-faith standard or the needed for and adjacent standard in the
				definition of valid existing rights, the notice also must include a description
				of the property rights that are claimed by the applicant and the basis of that
				claim.
(b) If the request relies
				upon the standard in paragraph 1 of subdivision c of the definition of valid
				existing rights in section
				69-05.2-01-02, the notice also
				must include a description of the basis for the claim that the road existed
				when the land came under the protection of North Dakota Century Code section
				38-14.1-07 and section
				69-05.2-04-01.1. In addition, the
				notice must include a description of the basis for the applicant's claim to a
				legal right to use that road for surface coal mining operations.
(c) If the request relies upon the standard
				in paragraph 2 of subdivision c of the definition of valid existing rights in
				section 69-05.2-01-02, the notice also
				must include a description of the basis for the claim that a properly recorded
				right of way or easement for a road in that location existed when the land came
				under the protection of North Dakota Century Code section
				38-14.1-07 and section
				69-05.2-04-01.1. In addition, the
				notice must include a description of the basis for the claim that, under the
				document creating the right of way or easement, and under any subsequent
				conveyances, the applicant has a legal right to use or construct a road across
				the right of way or easement to conduct surface coal mining operations.
(4) If the request
				relies upon one or more of the standards in subdivision b and paragraphs 1 and
				2 of subdivision c of the definition of valid existing rights in section
				69-05.2-01-02, a statement that
				the commission will not make a decision on the merits of the request if, by the
				close of the comment period under this notice or the notice required by
				subdivision c, a person with a legal interest in the land initiates appropriate
				legal action in the proper venue to resolve any differences concerning the
				validity or interpretation of the deed, lease, easement, or other documents
				that form the basis of the valid existing rights claim.
(5) A description of the procedures that the
				commission will follow in processing the request as required by this section.
(6) The closing date of the
				comment period, which must be a minimum of thirty days after the publication
				date of the notice.
(7) A
				statement that interested persons may obtain a thirty-day extension of the
				comment period upon request.
(8)
				The name and address of the commission and county auditor's office where copies
				of the request are available for public inspection and that comments and
				requests for extension of the comment period be sent to the commission.