As a resident of North Dakota, I am surprised that an agency, such as the Public Service Commission, is not required to enforce North Dakota law. I did everything I could to follow the “process,” yet North American Coal Co. isn’t being held accountable by the PSC.
NAC damaged our family’s farmland when their pond water overflowed onto our farmland, which caused erosion that resulted in a loss of crop income. NAC also discharged pond water into the farmland creek, which resulted in flooding. In an attempt to fix the issue, NAC constructed a deep diversion ditch on the farmland and deepened the road ditch which now blocks access to farmland. All of this occurred outside the permit area.
The even bigger issue is that the PSC did nothing to address the issue when I filed a formal citizen complaint. The PSC determined that these actions are not mining related, which contradicts the fact that all changes and damage to farmland was done by NAC.
On June 12, I attended the meeting for my formal citizen complaint with the PSC. I was not allowed to speak at this meeting. I am not even certain if the PSC commissioners had read my complaint or comments. I have eight years of documentation of the issue and my communications with the PSC and NAC.
ND Century Code, ND Administrative Code, and PSC Memorandum specifically state that ND law also applies to land adjacent to mining activity. Disturbing our farmland is not allowed without a permit.
The PSC is not enforcing ND law. Does anyone hold the PSC accountable?