7.06PETITION PROCEDURE7.06.1 Right to Petition.Any person having an interest which is or may be adversely affected or any duly authorized governmental agency has the right to petition the Board to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have such designation terminated.
7.06.2Petition Requirements: Designation.A petition for designation shall be in writing, shall be directed to the Board, and shall contain the following information:
(1) The name, address, telephone number, and notarized signature of the petitioner.(2) A brief description of the area covered by the petition, including applicable range and township numbers, location and size of such areas, and a U.S. Geological Survey topographic map showing the outline of the perimeter of the petitioned area. The petitioner shall make a good faith effort to identify, in the petition, the owners of record of surface and mineral interests in the land proposed for designation, except that a title search of the land ownership need not be performed. 126(2)(a)(II)(3) The identification of the petitioner's interest which is or may be adversely affected. 126(2)(a)(III)(4) Allegations of fact with supporting evidence which would tend to establish the area as unsuitable for all or certain types of surface coal mining operations. Such allegations shall include a general statement of how mining may adversely affect or has affected the people, land, air, water, or other resources of the area identified in 7.06.2(2). 126(2)(a)(IV)7.06.3Petition Requirements: Termination.A petition to terminate an unsuitability designation shall be in writing, shall be directed to the Board, and shall contain the following information:
(1) The name, address, telephone number, and notarized signature of the petitioner.(2) A brief description of the area covered by the petition, including applicable range and township numbers, location, and size of such areas, and a U.S. Geological Survey topographic map showing the outline of the perimeter of the petitioned area. The petitioner shall make a good faith effort to identify in the petition, owners of record of the surface and mineral interest in the land proposed for termination, except that a title search of the land ownership need not be performed. 126(2)(a)(II)(3) The identification of the petitioner's interest which is or may be adversely affected. 126(2)(a)(II)(4) Allegations of fact, with supporting evidence not contained in the record of the proceeding in which the area was designated unsuitable, which would tend to establish the statements or allegations, and which statement or allegations indicate that the designation should be terminated based on: 126(2)(a)(IV) (a) The nature or abundance of the protected resource or condition or on the basis upon which the designation was made pursuant to 7.05(2);(b) Reclamation now technically and economically feasible, if the designation was based on criteria found in 7.05(1); or(c) The resources or conditions not being affected by surface coal mining operations, or in the case of land use plans, not being incompatible with surface coal mining operations during and after mining in accordance with 7.05(2).7.06.4Initial Processing, Recordkeeping, and Notification Requirements.(1) Within 30 days of receipt of the petition, the Division shall determine whether the petition is complete and the Board shall by certified mail, notify the petitioner whether or not the petition is complete. A petition shall be considered complete when all the requirements of 7.06.2 or 7.06.3 are met. Once the requirements of 7.06.2 or 7.06.3 are met, no party shall bear any burden of proof, but each complete petition shall be considered and acted upon by the Board or Division pursuant to the procedures of this Rule. If the petition is determined to be incomplete, such petition shall be promptly returned to the petitioner and the notification shall contain the specific aspects of the petition which render it incomplete. The petitioner shall be provided an opportunity to amend, revise or otherwise make said petition complete. 126(2)(b)(2) Within 30 days after the filing of a complete petition: 126(2)(c)(a) The Division shall make a determination of whether:(i) Any identified coal resources exist in the area covered by the petition;(ii) The petition is frivolous; or(iii) The area or portion thereof has been the subject of a previous unsuccessful petition to establish or terminate an unsuitability designation, and if so, whether any new factual allegations with supporting evidence not contained in such previous petition are included in the petition.(b) If the Division determines that: (i) There are no identified coal resources in the area covered by the petition, the petition shall be returned to the petitioner with the statement of the finding.(ii) The petition is frivolous, then the Division shall recommend to the Board that the petition be dismissed and provide written notice to the petitioner of such recommendation.(iii) The area or portion thereof has been the subject of a previous unsuccessful petition to establish or terminate an unsuitability designation and no new factual allegation with supporting evidence are contained in the petition, then the Division shall recommend to the Board that the petition be dismissed and provide written notice to the petitioner of such recommendation.(3) At its next regularly scheduled meeting the following such recommendations by the Division, but in no event less than 30 days following notice to the petitioner of the Division's recommendation, the Board shall accept or reject the Division's determination after providing the petitioner and other interested parties an opportunity to be heard at such meeting, regarding the Division's recommendation. 126(2)(c) (a) If the Board accepts the Division's recommendation of dismissal in accordance with 7.06.4(2)(b)(ii) or 7.06.4(2)(b)(iii), then the Division shall promptly return the petition with a written statement notifying the petitioner that the petition has been dismissed and state the reasons therefor. 126(2)(c)(b) If the Board rejects the Division's recommendation of dismissal in accordance with 7.06.4(2)(b)(ii) or 7.06.4(2)(b)(iii), then the petition shall be subject to the requirements of this Rule.(4) Within 30 days after the determination that a petition is complete, the Division shall circulate copies of the petition to, and request submissions or relevant information from, other interested governmental agencies, the petitioner, intervenors, owners of record of all surface and mineral interests in the land included in such petition, and other persons known to the Division to have an interest in the property. 126(2)(d)(5) Within 30 days after the determination that a petition is complete, the Division shall: (a) Notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition, and in the newspaper of the largest circulation in the State;(b) The Division shall send a copy of the petition to the county clerk and recorder of each county affected by such petition for recording in the real property records of said county. The copy shall be available for inspection by the public. 126(2)(f)(6) The Division shall include a list of pending petitions in the monthly mailings of the Division. 126(2)(d)(7) After the filing of a petition and no later than 15 days before the public hearing, any person may intervene in the designation or termination proceeding by filing a petition to intervene. The petition to intervene shall contain allegations of facts and supporting evidence which tend to establish or refute the allegations contained in the subject petition, and the intervenor's name, address and telephone number. 126(2)(g)(8) Beginning immediately after a complete petition is filed, the Division shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Division. The Division shall make the record available for public inspection. Such inspection shall be free of charge and copying shall be available at a reasonable cost during all normal business hours, at a central location of the county or multi-county area in which the area in the petition is located, and at the Division office.7.06.5Petitions Affecting Permit Applications.(1) In the event that a petition is submitted to the Division relating to the permit area of a permit application in which approval of the Board is pending, that petition shall not prevent the Board from issuing a decision on the permit application, if received after the completion of the informal conferences provided for 2.07.3(6) or, if no such informal conference was requested, more than 30 days after the final publication of notice provided for in 2.07.3(2). 126(2)(a)(2) The Division shall notify the person who submits a petition of any application for a permit received which proposes to include any area covered by the petition.7.06.6Procedures: Hearing Requirements.(1) Within 10 months after receipt of a complete petition, the Board shall hold a public hearing in the locality of the area covered by the petition. 126(2)(e)(2) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.(3) The hearings shall be legislative and fact-finding in nature, with no cross-examination or sworn testimony. The hearings shall be kept informal, but there shall be an opportunity for representatives of the Board, the Division and the audience to ask questions of speakers. The Board shall make a tape of the hearing and prepare a verbatim transcript of the hearing.(4) The Board shall give notice of the hearing by certified mail no less than one month before the scheduled date of the hearing to: 126(2)(e)(a) The owners of all surface and mineral interests in the area covered by the petition;(b) All petitioners and intervenors; and(c) Local, State and Federal agencies that may have an interest in the decision of the petition.(5) The notice shall be in writing and shall specify the time and place of the public hearing as well as the location where a copy of the subject petition may be examined. 126(2)(e)(6) The Board shall publish, in a newspaper of general circulation in the area to be affected by the petition, a notice of the public hearing with a description of the area to be affected as well as the location where a copy of the petition may be examined. The newspaper advertisement shall be placed once a week for two consecutive weeks and once during the week prior to the scheduled date of the hearing. The consecutive weekly advertisement must begin at least one month before the scheduled date of the hearing. 126(2)(e)(7) The Board may consolidate in a single hearing the hearings required for each of several similar or related petitions.7.06.7 Pre-hearing Detailed Statement.Prior to designating any area as unsuitable for surface coal mining operations and at least one month prior to the hearing required in 7.06.6, but in no case, less than 30 days after completion of the notice requirements in 7.06.4(4) and (5), the Board, with the assistance of the Division, shall, using existing and available information, prepare and make available for public inspection and copy at a reasonable cost a detailed statement on: 126(2)
(1) The potential coal resources of the area;(2) The demand for coal resources; and(3) The impact of such designation or termination on the environment, the economy, the supply of coal.