Section 69-05.2-04-03 - Areas unsuitable for mining - Petitions for designating lands unsuitable1.Right to petition. Any person having an interest which is or may be adversely affected may petition the commission to designate an area unsuitable for surface coal mining operations, or terminate an existing designation. Petitions must be in writing, and signed and acknowledged by the petitioner. 2.Designation. A petition to designate must include: a. A United States geological survey topographic map showing the perimeter, location, and size of the area. b. Allegations of facts, covering all lands in the petition area, which tend to establish that the area is unsuitable for all or certain types of mining operations. This information must meet the criteria in North Dakota Century Code section 38-14.1-05 and assume that mining practices required under this article would be followed if the area were to be mined. Each of the allegations should be specific as to the mining operation, if known, and the portion of the petitioned area and the petitioner's interests, and be supported by evidence that tends to establish the validity of the allegation for the mining operation or portion of the area. c. A description of how mining the area has affected or may adversely affect people, land, air, water, or other resources. d. The petitioner's name, address, and telephone number. e. The petitioner's interest which is or may be adversely affected. f. Any other readily available information required by the commission.3.Termination. A petition to terminate must include: a. A United States geological survey topographic map showing the perimeter, location, and size of the area. b. Allegations of facts covering all lands for which termination is proposed. Each allegation must be specific as to the mining operation, if any, and to the portions of the 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 proceeding that tends to establish their validity for the mining operation or portion of the area, assuming that mining practices required under this article 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. Allegations and supporting evidence should be specific to the basis for which the designation was made and tend to establish that the designation should be terminated on the following bases: (1) The nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on subsection 2 of North Dakota Century Code section 38-14.1-05; (2) Reclamation now being technologically and economically feasible, if the designation was based on subsection 1 of North Dakota Century Code section 38-14.1-05; or (3) The resources or condition not being affected by surface coal mining operations, or in the case of land use plans, not being incompatible with those operations during and after mining, if the designation was based on subsection 2 of North Dakota Century Code section 38-14.1-05. c. The petitioner's name, address, and telephone number. d. The petitioner's interest which is or may be adversely affected by continuation of the designation. e. Any other readily available information required by the commission. N.D. Admin Code 69-05.2-04-03
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-06