N.D. Cent. Code § 38-16-02
Except as provided for in section 38-16-06, no person may conduct a surface mining operation without complying with the reporting requirements of this chapter. Any person conducting a number of operations, each of which, within one calendar year, results in the removal of less than ten thousand cubic yards [7645.55 cubic meters] of earthen material or product, including overburden, or affects less than one-half acre [.20 hectare], but which, in the aggregate, result in the removal of ten thousand cubic yards [7645.55 cubic meters] or more of earthen material or product, including overburden, within one calendar year, or affect one-half acre [.20 hectare] or more within one calendar year, is subject to the provisions of this chapter.
N.D.C.C. § 38-16-02