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Mercer County approves setback waiver allowing Coteau surface operations near County Road 9
Summary
After a public hearing, the Mercer County Commission approved a resolution permitting Coteau Properties to conduct surface coal mining operations (excluding coal removal) within 100 feet of County Road 9’s right-of-way to build an electrical substation; the petition and affidavits will be filed with the county auditor.
The Mercer County Commission on April 15 approved a resolution granting Coteau Properties permission to conduct surface coal mining operations, except for actual coal removal, within 100 feet of the outside right-of-way line and within the right-of-way of County Road 9 in the SE¼ of Section 36, Township 146 North, Range 87 West, to construct an electrical substation.
Darren Hellman, a representative for Coteau Properties, presented the petition and the requested setback waiver at a public hearing. He framed the petition under state law and described the intended location for the substation; the minutes record that the required notice of hearing was published as required by law.
The resolution cites Section 38-14.1-07(04) of the North Dakota Century Code and Section 69-05.2-04-0l.1(3)(b) of the North Dakota Administrative Code as the authorities under which the petition was considered. Commissioner Casey Voigt moved to approve the resolution; Commissioner Steve Guenthner seconded. The minutes state that "all voted aye," and the commission directed the auditor's office to file the resolution, the petition and the affidavits of publication.
Chairman Rick Bauman asked afterward whether anyone wished to comment on the public hearing; the minutes record that no comments were heard. The commission recessed and later reconvened without further action. The resolution’s filing with the Mercer County Auditor completes the formal record of the waiver.
