Section 69-05.2-04-04 - Areas unsuitable for mining - Initial processing - Recordkeeping - Notification requirements for designating lands unsuitable1. Within thirty days of receipt of a petition, the commission will notify the petitioner by certified mail whether the petition is complete under section 69-05.2-04-03.2. The commission will determine whether any identified coal or commercial leonardite resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the commission finds no identified coal or commercial leonardite resources in that area, it will return the petition with a statement of findings.3. The commission may reject frivolous petitions and those not stating a prima facie case. Once the requirements of section 69-05.2-04-03 are met, no party shall bear any burden of proof, but each accepted petition will be considered and acted upon under the procedures of this chapter.4. When considering a petition for an area which was previously and unsuccessfully proposed for designation, the commission will determine if the new petition presents new allegations of facts. If not, the commission will return it, with a statement of findings and a reference to the record of the previous designation proceedings.5. If the commission determines that the petition is incomplete or frivolous, the commission will return it with a written statement of the reasons and, in the case of an incomplete petition, the information needed to make the petition complete. A petitioner to whom an incomplete petition has been returned shall have thirty days from the date the petitioner receives the commission's written statement to resubmit the petition. The permit application review period provided by subsection 3 of section 69-05.2-05-01 will be suspended until the petition is resubmitted or the additional thirty-day period has expired, whichever occurs first.6. The commission will notify the petitioner of any permit application received which proposes to include any area covered by the petition.7. Any petition received after the close of the public comment period specified in subsection 1 of North Dakota Century Code section 38-14.1-18 on a permit application relating to the same permit area will not prevent the commission from issuing a decision on that application. The commission may return any petition received thereafter with a statement why the commission cannot consider the petition.8. The commission will promptly notify the public of receipt of a petition by an advertisement in the local newspaper and the newspaper of broadest circulation in the region of the petitioned area. The commission will circulate copies of the petition to, and request submissions of relevant information from, other interested governmental agencies, the petitioner, intervenors, persons with an ownership interest of record, and other persons known to the commission to have an interest in the property.9. Within three weeks after the determination that a petition is complete, the commission will notify the general public of its receipt and request relevant information through a newspaper advertisement placed once a week for two consecutive weeks in the official newspaper of each county containing the petitioned area and in other daily newspapers of general circulation in the locality covered by the petition.10. Until three days before the commission holds a hearing under section 69-05.2-04-05, any person may intervene by filing allegations of facts, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address, and telephone number. 11. Beginning immediately after a complete petition is filed, the commission will compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the commission. The commission will make the record available in its offices for public inspection free of charge, and copying, at a reasonable cost, during normal business hours. The commission will also file a copy of the complete petition and copies of all other documents relating to the petition with the relevant county auditors.N.D. Admin Code 69-05.2-04-04
Effective August 1, 1980; amended effective May 1, 1990.Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-04, 38-14.1-06, 38-14.1-09, 38-14.1-18