45-6B-13. Instrument of consultation not obtained--Hearing and order.
104 words·~1 min read·
/sd/title-45/chapter-45-6/45-6b-13A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If the instrument of consultation required by § 45-6B-12 cannot be obtained, the operator may request a hearing before the Board of Minerals and Environment. The board shall issue an order in lieu of the instrument of consultation if it finds:
(1)That the operating and reclamation plans have been submitted to the surface landowner as provided in § 45-6B-12 ;
(2)That the operating and reclamation plans detail the full proposed surface use, including proposed routes of ingress and egress; and
(3)The planned reclamation will restore the surface land to future use, in segments if circumstances permit, as soon as feasibly possible.