La. Admin. Code tit. 43 § XV-1505

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1505 - Procedures : Petitions

A. Right to Petition. Any person having an interest which is or may be adversely affected has the right to petition the office to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated.

B. Designation. The only information that a petitioner need provide is: identification of the petitioned area, including its location and size, and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area; allegations of facts and supporting evidence which would tend to establish that the area is unsuitable for all or certain types of surface coal mining operations; a description of how mining of the area has affected or may adversely affect people, land, air, water or other resources; the petitioner's name, address, telephone number and notarized signature; and identification of the petitioner's interest which is or may be adversely affected.

C. Termination. The only information that a petitioner need provide to terminate a designation is:

1. identification of the petitioned area, including its location and size, and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area to which the termination petition applies;

2. allegations of facts, 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 statements or allegations indicate that the designation should be terminated based on:

a. the nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in §1303 B;

b. reclamation now being technologically and economically feasible, if the designation was based on the criteria found in §1303 A; or

c. the resources or condition 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, if the designation was based on the criteria found in §1303 B;

3. the petitioner's name, address, telephone number and notarized signature;

4. identification of the petitioner's interest which is or may be adversely affected by the continuation of the designation.

La. Admin. Code tit. 43, § XV-1505

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.