020-17 Wyo. Code R. § 17-2

Current through April 27, 2019
Section 17-2 - Petitions

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

(b) Designation. A petition for designation shall be notarized and must contain:

  • (i) The petitioner's name, address, and telephone number;
  • (ii) A discussion of the petitioner's interest which is or may be adversely affected;
  • (iii) A precise description of the boundaries of the area covered by the petition, including its location and size, and a USGS topographic map outlining the perimeter of the petitioned area;
  • (iv) An identification of the criterion or criteria on which the proposed designation rests, including potential adverse effects on people, land, air or other resources including petitioner's interests, resulting from mining in the area;
  • (v) Allegations of fact, specific to the petitioned area and to the petitioner's interests, which tend to establish the criterion or criteria on which the proposed designation rests;
  • (vi) A specific identification of the sources of supporting evidence on which the allegations of fact rest;
  • (vii) Where the petitioner does not own all property interests affected by the designation, an identification of any or all such property interests known to the petitioner; and
  • (viii) Other information which is requested by the Administrator.

(c) Termination of designation. A petition to terminate a designation or designations shall be notarized and must contain:

  • (i) The petitioner's name, address, and telephone number;
  • (ii) A discussion of the petitioner's interest which is or may be adversely affected;
  • (iii) A precise description of the boundaries of the area to be covered by the petition, including its location and size, and a USGS topographic map outlining the perimeter of the petitioned area;
  • (iv) An identification of the designation or designations which the petitioner seeks to terminate;
  • (v) For each such designation, an identification of the specific criterion or criteria which the petitioner seeks to challenge;
  • (vi) Allegations of fact which support the challenge;
  • (vii) A specific identification of the sources of evidentiary support on which the allegations rest. This must not include evidence presented in the designation proceeding;
  • (viii) Where the petitioner does not own all property interests which may be affected by the termination of a designation, an identification of any or all such property interests known to the petitioner; and
  • (ix) Other information which is requested by the Administrator.

(d) All allegations of fact and supporting evidence must assume that contemporary mining practices required under the Act and regulations would be followed if the area were to be mined.

020-17 Wyo. Code R. § 17-2