West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02 - West Virginia Surface Mining Reclamation Rule › Section 38-2-19 - Designation of Areas Unsuitable for Mining

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Right to Petition.
19.1.a. Any person having an interest which
				is or may be adversely affected, or the Secretary, has the right to petition to
				have an area designated as unsuitable for surface coal mining operations, or to
				have an existing designation terminated. Such petition shall be filed in the
				Office of the Secretary.
19.1.b.
				Designation. The petitioner shall provide the following information:
19.1.b.1. A U.S.G.S. topographic map on which
				is noted the location and size of the area covered by the petition;
19.1.b.2. 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;
19.1.b.3. A description of how mining of the
				area has affected or may adversely affect people, land, air, water or other
				resources;
19.1.b.4. The
				petitioner's name, notarized signature, address and telephone number;
				and
19.1.b.5. A statement which
				identifies the petitioner's interest which is or may be adversely affected,
				including how the petitioner meets an "injury in fact" test by describing the
				injury to his or her specific affected interests and demonstrates how he or she
				is among the injured.
19.1.c. Termination of the Designation. A
				petitioner requesting to terminate a designation shall provide the following
				information:
19.1.c.1. A U.S.G.S. topographic
				map on which is noted the location and size of the area covered by the
				petition;
19.1.c.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:
19.1.c.2.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 subdivision 19.7.b of this
				subsection;
19.1.c.2.B. Reclamation
				now being technologically and economically feasible, if the designation was
				based on the criteria found in subdivision 19.7.a of this section; or
19.1.c.2.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 subdivision
				19.7.b of this section.
19.1.c.3. The petitioner's name, notarized
				signature, address and telephone number;
19.1.c.4. A statement which identifies the
				petitioner's interest which is or may be adversely affected by the continuation
				of the designation including how the petitioner meets an "injury in fact" test
				by describing the injury to his or her specific affected interests and
				demonstrating how he or she is among the injured; and
19.1.c.5. For areas previously and
				unsuccessfully proposed for termination, significantly new allegations of facts
				and supporting evidence must be presented in the petition.