In this chapter, unless the context or subject matter otherwise requires: 1. "Affected land" means the area of land from which overburden is removed as the result of a surface mining operation or upon which overburden or refuse is deposited as the result of a surface mining operation, or both. 2. "Committee" means the state soil conservation committee. 3. "Landowner" means the owner of land affected by a surface mining operation. 4. "Mineral" includes cement rock, clay, gravel, limestone, manganese, molybdenum, peat, potash, pumicite, salt, sand, scoria, sodium sulfate, stone, zeolite, or other minerals, but does not include coal. 5. "Overburden" means all of the earth and other materials which lie above natural deposits of minerals, and also means such earth and other materials disturbed from their natural state in a surface mining operation. 6. "Person" means any individual, firm, association, partnership, cooperative, corporation, limited liability company, or any department, agency, or instrumentality of the state or any subdivision thereof. 7. "Reclamation" means the reconditioning of the area of land affected by a surface mining operation to make the area suitable for productive use, including, but not limited to, forestry, agriculture, grazing, wildlife, recreation, residential, and industrial sites. 8. "Surface mining operation" relates to the mining of minerals by removing the overburden lying above natural deposits thereof, and mining directly from the natural deposits thereby exposed which will, within one calendar year, result in the removal of ten thousand cubic yards [7645.55 cubic meters] or more of product, including overburden, or affect one-half acre [.20 hectare] or more.
38-16-01.1. Gravel and sand surface mining operations - Reclamation - Civil action - 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.