38-14.1-01. Declaration of findings and intent

38-14.1-01. Declaration of findings and intent

The legislative assembly finds and declares that:

1. Many surface coal mining operations may result in disturbances of surface areas that

adversely affect the public welfare by diminishing the utility of land for commercial,

industrial, residential, cultural, educational, scientific, recreational, agricultural, and

forestry purposes, by causing erosion, by polluting the water, by destroying fish and

wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by

creating hazards dangerous to life and property, by degrading the quality of life in local

communities, and by counteracting governmental programs and efforts to conserve

soil, water, other natural resources, and cultural resources.

2. The expansion of coal mining to meet the nation's energy needs makes even more

urgent the establishment of appropriate standards to minimize damage to the

environment and to productivity of the soil and to protect the health and safety of the

public.

3. Surface mining and reclamation technology as now developed requires effective and

reasonable regulation of surface coal mining operations in accordance with the

requirements of this chapter to minimize so far as practicable the adverse social,

economic, and environmental effects of such mining operations.

4. Surface coal mining operations contribute to the economic well-being, security, and

general welfare of the state and should be conducted in an environmentally sound

manner.

5. Surface coal mining and reclamation operations should be so conducted as to aid in

maintaining and improving the tax base, to provide for the conservation, development,

management, and appropriate use of all the natural resources of affected areas for

compatible multiple purposes, and to ensure the restoration of affected lands

designated for agricultural purposes to the level of productivity equal to or greater than

that which existed in the permit area prior to mining.

6. Warrantless inspections are necessary in this state to ensure effective enforcement of

surface coal mining and reclamation operation requirements.