020-17 Wyo. Code R. §§ 17-3 - Processing the Petition

(a)

(i) Promptly after a petition is received, the Administrator shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition and in the newspaper providing broadest circulation in the region of the petitioned area. The Administrator may provide for an informal conference or a period of written comments on completeness of the petition. Within 60 days of receipt of a petition, the Administrator shall notify the petitioner by certified mail whether or not the petition is complete.

(ii) The Administrator shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the Administrator finds there are not any identified coal resources in that area, he shall return the petition to the petitioner with a statement of the findings.

(iii) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the Administrator shall determine if the new petition presents new allegations of facts with supporting evidence. If the petition does not contain new allegations of facts with supporting evidence, the Administrator shall not consider the petition and shall return the petition to the petitioner, with a statement of his findings and a reference to the record of the previous designation proceedings where the facts were considered.

(iv) If the Administrator determines that the petition is incomplete or frivolous, he shall return the petition to the petitioner, with a written statement of the reasons for the determination and, if incomplete, the categories of information needed to make the petition complete.

(v) The Administrator 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.

(vi) The Administrator may determine not to process any petition received insofar as it pertains to land for which an administratively complete permit application has been filed and the first newspaper notice pursuant to W.S. § 35-11-406(g) has been published. If the petition is not processed in whole or in part, the Administrator shall inform the petitioner.

(b)

(i) Promptly after the determination that a petition is complete, the Administrator shall circulate copies of the petition to, and request submissions of relevant information from, other interested governmental agencies, intervenors, persons with an ownership interest of record in the property, and other persons known to the Administrator to have an interest in the property.

(ii) Promptly after the determination that a petition is complete, the Administrator shall notify the general public of the receipt of the petition and request submissions or relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition, the newspaper of largest circulation in the State, and in the offices of the county clerks of the counties in which the area covered by the petition is located. Those county clerks shall also receive a copy of the petition.

(iii) Until three days before the Council holds a hearing under Section 4, any person may intervene in the proceeding by filing allegations of facts and supporting evidence describing the interests of the intervenor which are affected by the designation decision, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address and telephone number.

(iv) Beginning immediately after a complete petition is filed, the Administrator shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Council. The Administrator shall make the record available for public inspection free of charge, and copying at reasonable cost during normal working hours at the main office of the Department.

(v) Prior to the hearing, the Administrator and, at the request of the Council, all parties shall each prepare a detailed statement using existing and readily available information on potential coal resources of the area, the long-term demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.

Notes

020-17 Wyo. Code R. §§ 17-3