# Title 69 — Public Service Commission

## Article 69-05.2 — Surface Coal Mining and Reclamation Operations

## Chapter 69-05.2-03 — Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction

### § 69-05.2-03-01. Incidental coal extraction - Possession of documents.

Any person conducting coal extraction as an incidental part of government-financed construction is
responsible for possessing, onsite, the documentation required by section 69-05.2-03-02.
History: Effective August 1, 1980; amended effective May 1, 1990.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-37
### § 69-05.2-03-02. Incidental coal extraction - Information to be maintained onsite.

Any person extracting coal incident to government-financed highway or other construction who
extracts more than two hundred fifty tons [226.80 metric tons] shall maintain, onsite, documents which:
1. Describe the project.
2. Show the exact location of the construction, right of way, or the boundaries of the area which
will be directly affected.
3. Identify the government agency providing the financing and the kind and amount of public
financing, including the percentage of all costs represented by the government financing.
History: Effective August 1, 1980; amended effective May 1, 1990.
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-37
