38-14.1-02. Definitions

38-14.1-02. Definitions

Wherever used or referred to in this chapter, unless a different meaning clearly appears

from the context:

1. "Alluvial valley floors" means the unconsolidated stream-laid deposits holding streams

where water availability is sufficient for subirrigation or flood irrigation agricultural

activities but does not include upland areas which are generally overlain by a thin

veneer of colluvial deposits composed chiefly of sediment from sheet erosion, deposits

by unconcentrated runoff or slope wash, together with talus, other mass movement

accumulation, and windblown deposits.

2. "Approximate original contour" means that surface configuration achieved by

backfilling and grading an area affected by surface coal mining operations so that the

reclaimed area closely resembles the general surface configuration of the land prior to

being affected by surface coal mining operations and blends into and complements the

surrounding undisturbed land.

3. "Coal" means a dark-colored compact and earthy organic rock with less than forty

percent inorganic components, based on dry material, formed by the accumulation and

decomposition of plant material. The term includes consolidated lignitic coal, in both

oxidized and nonoxidized forms, having less than eight thousand three hundred British

thermal units per pound [453.59 grams], moist and mineral matter free, whether or not

the material is enriched in radioactive materials. The term does not include commercial

leonardite.

4. "Commercial leonardite" means a dark-colored, soft, earthy organic rock formed from

the oxidation of lignite coal, and is produced from a mine that has as its only function

for supply for purposes other than gasification or combustion to generate electricity.

5. "Commission" means the public service commission, or such other department,

bureau, or commission as may lawfully succeed to the powers and duties of that

commission. The commission is the state regulatory authority for all purposes relating

to the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat.

445; 30 U.S.C. 1201 et seq.].

6. "Extended mining plan" means a written statement setting forth the matters specified

in section 38-14.1-15 and covering the estimated life of the surface coal mining

operation.

7. "Final cut" means the last pit created in a surface mining pit sequence.

8. "Highwall" and "endwall" mean those sides of the pit adjacent to unmined land.

9. "Imminent danger to the health and safety of the public" means the existence of any

condition or practice, or any violation of a permit or other requirement of this chapter in

a surface coal mining and reclamation operation, which condition, practice, or violation

could reasonably be expected to cause substantial physical harm to persons outside

the permit area before such condition, practice, or violation can be abated. A

reasonable expectation of death or serious injury before abatement exists if a rational

person, subjected to the same conditions or practices giving rise to the peril, would not

expose the person's self to the danger during the time necessary for abatement.

10. "Operator" means any individual, person, partnership, firm, association, society, joint

stock company, company, cooperative, corporation, limited liability company, or other

business organization, or any department, agency, or instrumentality of the state, local,

or federal government, or any governmental subdivision thereof including any publicly

owned utility or publicly owned corporation of the state, local, or federal government,

engaged in or controlling a surface coal mining operation. Operator does not include

those who remove or intend to remove two hundred fifty tons [226.80 metric tons] or

less of coal or commercial leonardite from the earth by coal or commercial leonardite

mining within twelve consecutive calendar months in any one location or who remove

ed corporation of the state, local, or federal government,

engaged in or controlling a surface coal mining operation. Operator does not include

those who remove or intend to remove two hundred fifty tons [226.80 metric tons] or

less of coal or commercial leonardite from the earth by coal or commercial leonardite

mining within twelve consecutive calendar months in any one location or who remove

any coal or commercial leonardite pursuant to reclamation operations under chapter

38-14.2.

11. "Other minerals" means clay, stone, sand, gravel, metalliferous and nonmetalliferous

ores, and any other solid material or substances of commercial value occurring within

five hundred feet [152.4 meters] or less of the land surface and which are excavated in

solid form from natural deposits on or in the earth, exclusive of coal or commercial

leonardite and those minerals which occur naturally in liquid or gaseous form.

12. "Other suitable strata" means those portions of the overburden determined by the

commission to be suitable for meeting the requirements of subsections 2 and 17 of

section 38-14.1-24 and based on data submitted by the permit applicant.

13. "Overburden" means all of the earth and other materials, with the exception of suitable

plant growth material, which lie above natural deposits of coal or commercial

leonardite and also means such earth and other materials, with the exception of

suitable plant growth material, disturbed from their natural state by surface coal or

commercial leonardite mining operations.

14. "Performance bond" means a surety bond, collateral bond, self-bond, deposit, a bond

issued under the state surface mining and reclamation bond fund, any alternative form

of security approved by the commission, or combination thereof, by which a permittee

assures faithful performance of all requirements of this chapter.

15. "Permit" means a permit to conduct surface coal mining and reclamation operations

issued by the commission.

16. "Permit applicant" means a person or operator applying for a permit.

17. "Permit area" means the area of land approved by the commission for surface coal

mining operations which shall be readily identifiable by appropriate markers on the

site.

18. "Permit renewal" means the extension of the permit term for areas within the

boundaries of the initial or existing permit, upon the expiration of the initial or existing

permit term.

19. "Permit revision" means the modification of permit provisions during the term of the

permit and includes changes in the mining and reclamation plans, incidental boundary

extensions, and the transfer, assignment, or sale of rights granted under the permit.

20. "Permit term" means a period of time beginning with the date upon which a permit is

given for surface coal mining and reclamation operations under the provisions of this

chapter, and ending with the expiration of the next succeeding five years plus any

renewal of the permit granted under this chapter.

21. "Permittee" means a person or operator holding a permit.

22. "Person" means an individual, partnership, firm, association, society, joint stock

company, company, cooperative, corporation, limited liability company, or other

business organization.

23. "Pit" means a tract of land, from which overburden, coal, or commercial leonardite, or

any combination of overburden, coal, or commercial leonardite has been or is being

removed for the purpose of surface coal mining operations.

24. "Prime farmland" means lands as prescribed by commission regulation that have the

soil characteristics and moisture supply needed to produce sustained high yields of

adapted crops economically when treated and managed, including management of

water, according to modern farming methods. Furthermore, such lands historically

have been used for intensive agricultural purposes and are large enough in size to

constitute a viable economic unit.

commission regulation that have the

soil characteristics and moisture supply needed to produce sustained high yields of

adapted crops economically when treated and managed, including management of

water, according to modern farming methods. Furthermore, such lands historically

have been used for intensive agricultural purposes and are large enough in size to

constitute a viable economic unit.

25. "Prime soils" means those soils that have the required soil characteristics (including

slope and moisture supply) needed to produce sustained high yields of adapted crops,

as determined by the state conservationist of the United States department of

agriculture soil conservation service.

26. "Reclaimed" or "reclaim" means conditioning areas affected by surface coal mining

operations to make them capable of supporting the uses which they were capable of

supporting prior to any mining, or higher or better uses, pursuant to subsection 2 of

section 38-14.1-24.

27. "Reclamation plan" means a plan submitted by an applicant for a permit which sets

forth a plan for reclamation of the proposed surface coal mining operations pursuant to

subsection 2 of section 38-14.1-14.

28. "Refuse" means all waste material directly connected with the production of coal or

commercial leonardite mined by surface coal mining operations.

29. "Soil amendments" means those materials added by the operator to the replaced

overburden or suitable plant growth material, or both, to improve the physical or

chemical condition of the soil in its relation to plant growth capability.

30. "Soil classifier" means a professional soil classifier as defined in subsection 4 of

section 43-36-01.

31. "Soil survey" means the identification and location of all suitable plant growth material

within the proposed permit area and an accompanying report that describes, classifies,

and interprets for use such materials.

32. "State program" means the program established by the state of North Dakota in

accordance with the requirements of section 503 of the federal Surface Mining Control

and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 470; 30 U.S.C. 1253] to regulate

surface coal mining and reclamation operations on lands within the state of North

Dakota.

33. "Suitable plant growth material" means that soil material (normally the A, B, and

portions of the C horizons) located within the proposed permit area which, based upon

a soil survey, is found by the commission to be the most acceptable as a medium for

plant growth when respread on the surface of regraded areas.

34. "Surface coal mining and reclamation operations" means surface coal mining

operations and all activities necessary and incidental to the reclamation of such

operations after July 1, 1979.

35. "Surface coal mining operations" means:

a. Activities affecting the surface of lands in connection with a surface coal or

commercial leonardite mine. Such activities include extraction of coal or

commercial leonardite from coal or commercial leonardite refuse piles, excavation

for the purpose of obtaining coal or commercial leonardite, including such

common methods as contour, strip, auger, box cut, open pit, and area mining, the

uses of explosives and blasting, and in situ distillation or retorting, leaching or

other chemical or physical processing, and the cleaning, concentrating, or other

processing or preparation, and loading of coal or commercial leonardite at or near

the minesite, except that such activities do not include coal or commercial

leonardite exploration subject to chapter 38-12.1, or the extraction of coal or

commercial leonardite incidental to reclamation operations under chapter

38-14.2; and

b. The areas upon which such activities occur or where such activities disturb the

natural land surface. Such areas shall also include any adjacent land the use of

which is incidental to any such activities, all adjacent lands affected by the

ploration subject to chapter 38-12.1, or the extraction of coal or

commercial leonardite incidental to reclamation operations under chapter

38-14.2; and

b. The areas upon which such activities occur or where such activities disturb the

natural land surface. Such areas shall also include any adjacent land the use of

which is incidental to any such activities, all adjacent lands affected by the

construction of new roads or the improvement or use of existing roads to gain

access to the site of such activities and for haulage, and excavations, workings,

impoundments, dams, refuse banks, dumps, stockpiles, overburden piles, spoil

banks, culm banks, tailings, holes or depressions, repair areas, storage areas,

processing areas, shipping areas, and other areas upon which are sited

structures, facilities, or other property or materials on the surface, resulting from

or incident to such activities.

36. "Unwarranted failure to comply" means the failure of a permittee to prevent the

occurrence of any violation of the permittee's permit or any requirement of this chapter

due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate

any violation of such permit or this chapter due to indifference, lack of diligence, or lack

of reasonable care.