38-14.1-13. Permit applications - General requirements

38-14.1-13. Permit applications - General requirements 1. Any person or operator desiring to engage in surface coal mining operations shall make written application to the commission for a permit. Application for such permit must be made upon a form furnished by the commission. Included in the application must be: a. A bond or security to attach to the lands for which a permit is sought from and after the time a permit is granted pursuant to the requirements of section 38-14.1-16. b. A nonrefundable filing fee of five hundred dollars, plus ten dollars for each acre [.40 hectare] included in the permit application. c. Mining and reclamation plans and other information required to be submitted pursuant to section 38-14.1-14. d. An extended mining plan as required by section 38-14.1-15. 2. Each applicant for a surface coal mining and reclamation permit shall file a copy of the applicant's application for public inspection with the office of the county auditor for each county where the mining is proposed to occur. 3. Upon request by the permit applicant, the commission, in its discretion, may designate specific information included in the plans required by subdivisions c and d of subsection 1 as exempt from disclosure under section 44-04-18, provided such specific information pertains only to the analysis of the chemical and physical properties of the coal or commercial leonardite (excepting information regarding such mineral or elemental contents which is potentially toxic in the environment). Each request must be accompanied by a statement specifying the need for nondisclosure, which statement must be considered part of the permit application to be filed for public inspection as specified in subsection 2. The confidential information is exempt for a period not to exceed ten years subsequent to the date on which the request for nondisclosure was filed, unless it is demonstrated by the permit applicant that such period should be further extended in order to prevent possible resulting harm to the permit applicant, or the applicant's successors and assigns.