N.D. Admin Code 69-05.2-04-04 - Areas unsuitable for mining - Initial processing - Recordkeeping - Notification requirements for designating lands unsuitable
1. 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.
Notes
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
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