Section 38-14.1-37 - Small operators1. The provisions of this chapter do not apply to any of the following activities: a. Extraction of coal or commercial leonardite by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner.b. Extraction of coal or commercial leonardite as an incidental part of federal, state, or local government-financed highway or other construction under regulations established by the commission.2. If the commission finds that the probable total annual production at all locations to be mined by any permit applicant will not exceed three hundred thousand tons [272155.41 metric tons], the cost of the following activities, which must be performed by a qualified public or private entity designated by the commission, may be assumed by the commission upon the written request of the operator in connection with a permit application:a. The determination of probable hydrologic consequences required by subdivision o of subsection 1 of section 38-14.1-14, including the engineering analyses and designs necessary for the determination.b. The development of cross sections, maps, and plans required by subdivision r of subsection 1 of section 38-14.1-14.c. The geologic drilling and the statement of the result of test borings and core samplings required by subdivision s of subsection 1 of section 38-14.1-14.d. The collection of cultural resource information required by subdivision u of subsection 1 of section 38-14.1-14, any other archaeological and historical information required by the director of the state historical society, and the preparation of mitigation plans necessitated thereby.e. Preblast surveys required by subdivision e of subsection 13 of section 38-14.1-24.f. The collection of site-specific resource information and the development of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the commission in accordance with this chapter.3. The commission may provide or assume the cost of training coal or commercial leonardite operators who meet the qualifications in subsection 2 concerning the preparation of permit applications and compliance with the regulatory program.4. An operator who has received assistance under subsection 2 or 3 shall reimburse the commission for the cost of the services rendered if the commission finds that the operator's actual and attributed annual production of coal or commercial leonardite for all locations exceeds three hundred thousand tons [272155.41 metric tons] during the twelve months immediately following the date the operator is issued a surface coal mining and reclamation permit.5. Proposed surface coal mining operations that will not be subject to payment of reclamation fees required by the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.] are not eligible for the assistance to small operators provided by subsections 2 and 3.Amended by S.L. 2015 , ch. 257( SB 2377 ), § 19, eff. 7/1/2015.