Section 312IAC25-3-6. Procedures for petition

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

  (b) A complete petition for designation shall include the following:

(1) The petitioner's name, address, and telephone number.

(2) An identification of the petitioned area, including its location and size.

(3) An identification of the petitioner's interest that is or may be adversely affected by surface coal mining operations.

(4) Allegations of fact and supporting evidence that tend to establish that the area is unsuitable for all or certain types of surface coal mining operations.

(5) A description of how mining of the area has affected or may adversely affect people, land, air, water, or other resources.

  (c) A complete petition for termination shall include the following:

(1) The petitioner's name, address, and telephone number.

(2) An identification of the petitioned area, including its location and size.

(3) An identification of the petitioner's interest that is or may be adversely affected by the continuation of the designation.

(4) Allegations of fact, with supporting evidence, not contained in the record of the proceedings in which the area was designated unsuitable, that tend to establish that the designation should be terminated because the reasons for the designation under IC 14-34-18 have been significantly diminished or no longer exist.

  (d) The director may request that a petitioner under this section provide other supplementary information that is readily available. (Natural Resources Commission; 312 IAC 25-3-6; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3435, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA)