Does the Public Service Commission regulate gravel pits?
No, the Commission does not regulate the reclamation of gravel pits, nor does any other state agency. However, North Dakota Century Code Section 38-16-01.1 requires the mine operator to reclaim the affected lands under the terms of a written agreement negotiated with the landowner. The reclamation agreement must provide for restoring the land to the agreed upon contour and usability, indicate the amount of topsoil and subsoil to be saved and respread, and indicate the party responsible for preparing the affected land for seeding and the related revegetation work. The reclamation work must be completed within the agreed upon time period, but no later than one year after final cessation of the mining operation. If the mine operator fails to complete the work required by the reclamation agreement, the landowner may bring a claim for relief in district court against the mine operator.
