38-16-01.1. Gravel and sand surface mining operations - Reclamation - Civil action -
241 words·~1 min read·
/nd/title-38/chapter-38-16-surface-mining-reports/38-16-01-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Penalty.
Any surface mining operator conducting a gravel or sand surface mining operation on land in this state owned by another person, upon completion or abandonment of the surface mining operation, shall reclaim the affected land. Each surface mining operator shall negotiate with the landowner a written agreement providing for the reclamation of the affected land. Unless the affected land is to be used for other purposes as agreed upon between the surface mining operator and the landowner, the reclamation agreement must, at a minimum, provide for restoration by the surface mining operator of the affected land as nearly as possible to the agreed contour and usability; indicate the amount of topsoil and subsoil to be saved, segregated, and respread; and indicate the party responsible for compaction of backfill, soil testing, fertilization, revegetation, weed control, rock disposal, and replacement or establishment of conservation practices.
The reclamation must be within a time period agreed upon between the parties, but within one year after the final cessation of surface mining operations. A landowner may bring a claim for relief in any appropriate district court against the surface mining operator who has failed to reclaim properly affected land pursuant to a reclamation agreement under this section. In an action under this section, a surface mining operator is liable for damage in an amount necessary to reclaim the land.
Any person who violates any provision of this section is guilty of a class B misdemeanor.