Permits

A permit shall be required prior to commencement of operations for the exploration and evaluation of coal, except as provided in subsection 2 of North Dakota Century Code section 38-12.1-05. A permit shall be granted for one year upon receipt of a permit application, on a form provided by the commission, and the furnishing of a bond, as set out in this chapter, and the payment of a fee of one hundred dollars per permit. A permit shall be valid for one permit area only, and only for those exploration operations which will remove less than two hundred fifty tons [226.80 metric tons] of coal from a permit area. The removal of more than two hundred fifty tons [226.80 metric tons] of coal from an area shall be considered a surface coal mining operation and shall be subject to the requirements of North Dakota Century Code chapter 38-14.1 and the regulations of the public service commission promulgated thereunder.