Current through Register Vol. 6, March 22, 2024
(1) Any person
having an interest which is or may be adversely affected has the right to
petition the department to have an area designated as unsuitable for strip or
underground coal mining operations, or to have an existing designation
terminated. A person having an interest which is or may be adversely affected
shall demonstrate how he or she meets an "injury in fact" test by describing
the injury to his or her specific affected interests and demonstrate how he or
she is among the injured.
(2) A
petition to designate lands unsuitable must be in affidavit form. The only
information that a petitioner need provide is:
(a) identification of the petition area,
including its location and size, and a US geological survey topographic map
outlining the perimeter of the petition area;
(b) allegations of facts and supporting
evidence covering all lands in the petition area, that tend to establish that
the area or a designated portion thereof is unsuitable for all or certain types
of strip or underground coal mining operations, pursuant to specific criteria
of 82-4-228, MCA, assuming that
contemporary mining practices required under the Act would be followed if the
area were to be mined. Each of the allegations of fact must be specific as to
the type of mining operation, if known, and the portion of the petition area to
which the allegation applies. Each allegation must be supported by evidence
that tends to establish its validity;
(c) a description of how mining of the area
has affected or may adversely affect people, land, air, water, or other
resources, including the petitioner's interests;
(d) the petitioner's name, address and
telephone number; and
(e)
identification of the petitioner's interest which is or may be adversely
affected, including a statement demonstrating how the petitioner satisfies the
requirements of (1) of this rule.
(3) A petition for termination of a
designation must be in affidavit form. The only information that a petitioner
need provide is:
(a) identification of the
petition area, including its location and size and a US geological survey
topographic map outlining the perimeter of the petitioned area to which the
termination petition applies;
(b)
allegations of facts, with supporting evidence covering all lands for which the
termination is proposed. Each of the allegations of fact must be specific as to
the type of mining operation, if any, and to portions of the petition area and
petitioner's interests to which the allegation applies. The allegations must be
supported by evidence, not contained in the record of the designation
proceedings, that tends to establish the validity of the allegations for the
mining operation or portion of the petition area, assuming that contemporary
mining practices required under the Act would be followed were the area to be
mined. For areas previously and unsuccessfully proposed for termination,
significant new allegations of facts and supporting evidence must be presented
in the petition. Allegations and supporting evidence must also be specific to
the basis for which the designation was made and tend to establish that the
designation should be terminated on the following basis:
(i) the nature or abundance of the protected
resource or condition or other basis of the designation, if the designation was
based on criteria found in
82-4-228(2) (b),
MCA;
(ii) reclamation now being
technologically and economically feasible if the designation was based on the
criteria found in
82-4-228(2) (a),
MCA; or
(iii) the resources or
condition not being affected by strip or underground coal mining operations, or
in the case of land use plans, not being incompatible with strip or underground
coal mining operations during and after mining, if the designation was based on
the criteria found in
82-4-228(2) (b),
MCA;
(c) the petitioner's
name, address and telephone number; and
(d) identification of the petitioner's
interest which is or may be adversely affected by the continuation of the
designation.
(4) The
department may request that the petitioner provide other information that is
readily available to supplement petitions under (2) or (3) of this
rule.
AUTH:
82-4-205, MCA; IMP:
82-4-227,
MCA