17.24.1144    DESIGNATION OF LANDS UNSUITABLE: PETITION FOR DESIGNATION OR TERMINATION OF DESIGNATION

(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.

 

History: 82-4-205, MCA; IMP, 82-4-227, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2024 MAR p. 260, Eff. 2/10/24.