reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-1 - Severability

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 1.
If any provision of this article or any part thereof is
				  disapproved by the Secretary of the United States Department of the Interior
				  under
				  30 CFR
				  732.13(a) and 30 U.S.C.
				  1253(b), as a part of the review of an Indiana program submittal, such
				  provision or part thereof shall be deemed to be conditionally withdrawn. The
				  remainder of the Indiana program will be resubmitted under
				  30 U.S.C.
				  1253(c) and
				  30
				  CFR 732.13(f). Provided, however, in the event that, upon judicial review,
				  under
				  30 U.S.C.
				  526(a)(1), of the
				  Secretary's decision disapproving any such provision or part thereof, the
				  Secretary's decision is overturned by a final judgment of the United States
				  District Court, such provision will be deemed to have been included in the
				  resubmitted program and shall be effective as part of the Indiana program.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-2 - Enforceability

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 2.
(a)
				Notwithstanding any other rule to the contrary, neither the director nor the
				commission shall enforce any provision of the rules promulgated to implement IC
				14-34 if any court of competent jurisdiction renders a final judgment, which
				holds that the comparable provision in any federal regulation promulgated to
				implement P.L. 95-87, the federal Surface Mining Control and Reclamation Act of
				1977, is unconstitutional or otherwise invalid.
(b) Neither the director nor the commission
				shall enforce this article until the United States Department of the Interior
				has published in the Federal Register notice of approval of Indiana's permanent
				regulatory program.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-3 - Government-financed highway or other construction; exemption for coal extraction; information

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 3.
(a) Any
				person extracting coal incident to government-financed highway or other
				construction who extracts more than two hundred fifty (250) tons of coal shall
				maintain, on the site of the extraction operation and available for inspection,
				documents that show the following:
(1) A
				description of the construction project.
(2) The exact location of the construction,
				right-of-way, or boundaries of the area that will be directly affected by the
				construction.
(3) The government
				agency that is providing the financing and the kind and amount of public
				financing, including the percentage of the entire construction costs
				represented by the government financing.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-4 - Exemption for coal extraction incidental to the extraction of other minerals

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC
				  14-8-2-273;
				  IC
				  14-34-1-2
Sec. 4.
Sections 2 through 3 of this rule, this section, and sections
				  5 through 12 of this rule implement the exemption contained in IC
				  14-8-2-273
				  concerning the extraction of coal incidental to the extraction of other
				  minerals where coal does not exceed sixteen and two-thirds percent (16b%) of
				  the total tonnage of coal and other minerals removed for purposes of commercial
				  use or sale.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-5 - Exemption for coal extraction incidental to the extraction of other minerals; application requirements and procedures

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 5.
(a) Any
				person who plans to commence or continue coal extraction after the effective
				date of this section, in reliance on the incidental mining exemption, shall
				file an administratively complete application for exemption with the director
				and shall not commence coal extraction until the director has approved the
				application.
(b) Operations in
				existence before the effective date of this section, which have been conducted
				in reliance upon the incidental mining exemption before that date, may continue
				mining operations for sixty (60) days after the effective date. Coal extraction
				may not continue after the sixty (60) day period unless that person files an
				administratively complete application for exemption with the director. If an
				administratively complete application for exemption is filed within the sixty
				(60) day period, the person may continue extracting coal in reliance on the
				exemption beyond the sixty (60) day period until the director makes an
				administrative decision on the application.
(c) The director shall notify the applicant
				if the application for exemption is incomplete and may at any time require the
				submittal of additional information.
(d) Following publication of the newspaper
				notice required by section 6(9) of this rule, the director shall provide a
				period of at least thirty (30) days during which time any person having an
				interest that is or may be adversely affected by a decision on the application
				may submit written comments or objections.
(e) Upon making an exemption determination,
				the director shall complete the following:
(1)
				No later than ninety (90) days after filing an administratively complete
				application, the director shall make a written determination whether, and under
				what conditions, the persons claiming the exemption are exempt under section 4
				of this rule, this section, and sections 6 through 12 of this rule and shall
				notify the applicant and persons submitting comments on the application of the
				determination and the basis for the determination.
(2) The determination of exemption shall be
				based upon information contained in the application and any other information
				available to the director at that time.
(3) If the director fails to provide an
				applicant with the determination as specified in subdivision (1), an applicant
				who has not begun may commence coal extraction pending a determination on the
				application unless the director issues an interim finding, together with
				reasons therefore, that the applicant may not begin coal extraction.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-7 - Exemption for coal extraction incidental to the extraction of other minerals; public availability of information

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  702.13
Sec. 7.
(a) Except as
				provided in subsection (c), all information submitted to the director under
				this rule shall be made immediately available for public inspection and copying
				and shall be maintained by the director until at least three (3) years after
				expiration of the period during which the subject mining area is
				active.
(b) The director may keep
				information submitted to the director under this rule confidential if the
				person submitting the information requests in writing, at the time of
				submission, that it be kept confidential and demonstrates to the director that
				the information concerns trade secrets or is privileged commercial or financial
				information of the persons intending to conduct operations under this
				rule.
(c) Information requested to
				be held confidential under subsection (b) shall not be made publicly available
				until after notice and opportunity to be heard is afforded to persons both
				seeking and opposing disclosure of the information.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-8 - Exemption for coal extraction incidental to the extraction of other minerals; requirements for exemption

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 8.
(a)
				Activities are exempt from the requirements of IC 14-34 only if all of the
				following are satisfied:
(1) The cumulative
				production of coal extracted from the mining area determined annually as
				described in this section does not exceed sixteen and two-thirds percent (16b%)
				of the total cumulative production of coal and other minerals removed during
				the period for purposes of bona fide sale or reasonable commercial
				use.
(2) Coal is produced from a
				geological stratum lying above or immediately below the deepest stratum from
				which other minerals are extracted for purposes of bona fide sale or reasonable
				commercial use.
(3) The cumulative
				revenue derived from the coal extracted from the mining area determined
				annually shall not exceed fifty percent (50%) of the total cumulative revenue
				derived from the coal and other minerals removed for purposes of bona fide sale
				or reasonable commercial use. If the coal extracted or the minerals removed are
				used by the operator or transferred to a related entity for use instead of
				being sold in a bona fide sale, then the fair market value of the coal or other
				minerals shall be calculated at the time of use or transfer and shall be
				considered rather than revenue.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-9 - Exemption for coal extraction incidental to the extraction of other minerals; conditions of exemption and right of inspection and entry

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 9.
A person conducting activities covered by sections 4 through
				  7 of this rule, this section, and sections 10 through 12 of this rule shall do
				  the following:
(1) Maintain on-site,
				or at other locations available to the director, information necessary to
				verify the exemption, including, but not limited to, commercial use and sales
				information, extraction tonnages, and a copy of the exemption application and
				exemption approved by the director.
(2) Notify the director upon the completion
				of the mining operation or permanent cessation of all coal extraction
				activities.
(3) Conduct operations
				in accordance with the approved application, or, if authorized to extract coal
				under section 5(b) or 5(e)(3) of this rule, before submittal or approval of an
				exemption application, under the standards of sections 4 through 8 of this
				rule, this section, and sections 10 through 12 of this rule.
(4) The director shall have the right to
				conduct inspections of any operation claiming an exemption under section 8 of
				this rule.
(5) The director shall
				have a right of entry to, upon, and through any mining and reclamation
				operations without advance notice or a search warrant, upon presentation of
				appropriate credentials.
(6) The
				director may, at reasonable times and without delay, have access to and copy
				any records relevant to the exemption.
(7) The director shall have a right to gather
				physical and photographic evidence to document conditions, practices, or
				violations at a site.
(8) No search
				warrant is required with respect to any activity required under subdivisions
				(4) through (7), except that a search warrant may be required for entry into a
				building.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-10 - Exemption for coal extraction incidental to the extraction of other minerals; stockpiling of minerals

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 10.
(a) Coal
				extracted and stockpiled may be excluded from the calculation of cumulative
				production until the time of its sale, transfer to a related entity, or use:
(1) up to an amount equaling a twelve (12)
				month supply of the coal required for future sale, transfer, or use, as
				calculated, based upon average annual sales, transfer, and use from the mining
				area over the two (2) preceding years; or
(2) for a mining area where coal has been
				extracted for a period of less than two (2) years, up to an amount that would
				represent a twelve (12) month supply of the coal required for future sales,
				transfer, or use, as calculated, based on the average amount of coal sold,
				transferred, or used each month.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-11 - Exemption for coal extraction incidental to the extraction of other minerals; revocation and enforcement

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5-3-7; IC 14-34;
				  30 CFR
				  702.17
Sec. 11.
(a) The
				director shall conduct an annual compliance review of the mining area,
				utilizing the annual report submitted under section 12 of this rule, an on-site
				inspection, and any other information available to the director.
(b) If the director has reason to believe
				that a specific mining area was not exempt under the provisions of sections 4
				through 10 of this rule, this section, and section 12 of this rule at the end
				of the previous reporting period, is not exempt, or will be unable to satisfy
				the exemption criteria at the end of the current reporting period, the director
				shall notify the operator that the exemption may be revoked and the reasons
				therefor. The exemption will be revoked unless the operator demonstrates to the
				director, within thirty (30) days, that the mining area in question should
				continue to be exempt.
(c) The
				following shall apply concerning revocation of an exemption:
(1) If the director finds that an operator
				has not demonstrated that activities conducted in the mining area qualify for
				the exemption, the director shall revoke the exemption and immediately notify
				the operator and any intervenors. If a decision is made not to revoke an
				exemption, the director shall immediately notify the operator and the
				intervenors, if any.
(2) Any
				adversely affected person may request administrative review of a decision on
				whether to revoke an exemption within thirty (30) days of notification of such
				decision in accordance with IC
				4-21.5-3-7.
(3) A petition for administrative review
				filed under subdivision (2) shall not suspend the effect of a decision on
				whether to revoke an exemption.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 2 - General Provisions › Section 2-12 - Exemption for coal extraction incidental to the extraction of other minerals; reporting requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 12.
(a)
				Following approval by the director of an exemption for a mining area, the
				person receiving the exemption shall, for each mining area, file a written
				report annually with the director containing the information specified in
				subsections (c) and (d).
(b) The
				report shall be filed no later than thirty (30) days after the end of the
				twelve (12) month period as determined under the cumulative measurement
				period.
(c) The information in the
				report shall cover the following:
(1) Annual
				production of coal and other minerals and annual revenue derived from coal and
				other minerals during the preceding twelve (12) month period.
(2) The cumulative production of coal and
				other minerals, and the cumulative revenue derived from coal and other
				minerals.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-1 - Prohibitions; limitations

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 1.
Subject to valid existing rights, no surface coal mining
				  operation shall be conducted on any of the following areas after date of
				  enactment of IC 14-34 unless those operations existed on August 3, 1977:
(1) On any lands within the boundaries of the
				National Park System, the National Wildlife Refuge System, the National System
				of Trails, the National Wilderness Preservation System, the Wild and Scenic
				Rivers System, including study rivers designated under Section 5(a) of the Wild
				and Scenic Rivers Act (
				16
				U.S.C. 1276(a) ) or study
				rivers or study river corridors established in any guidelines pursuant to that
				act, and National Recreation Areas designated by act of Congress.
(2) On any federal lands within the
				boundaries of any national forest, provided, however, that surface coal mining
				operations may be permitted on such lands, if the secretary finds the
				following:
(A) There are no significant
				recreational, timber, economic, or other values that may be incompatible with
				surface coal mining operations.
(B)
				Surface operations and impacts are incident to an underground coal
				mine.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-2 - Procedures

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34-18
Sec. 2.
(a) Upon
				receipt of a complete application for a surface coal mining and reclamation
				operation permit, the director shall review the application to determine
				whether surface coal mining operations are limited or prohibited under section
				1 of this rule on the lands that would be disturbed by the proposed
				operations.
(b) If the proposed
				operation is located on any land listed in section 1(1), 1(6), 1(7), or 1(8) of
				this rule, the director shall reject the application if:
(1) the applicant had no valid existing
				rights for the area on August 3, 1977; or
(2) the operation did not exist on August 3,
				1977.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-3 - Criteria

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 3.
(a) Upon
				petition, an area shall be designated as unsuitable for all or certain types of
				surface coal mining operations if the director determines that reclamation is
				not technologically and economically feasible under IC 14-34 and this
				article.
(b) Upon petition, an area
				may be (but is not required to be) designated as unsuitable for certain types
				of surface coal mining operations if the operations will:
(1) be incompatible with existing state or
				local land use plans or programs;
(2) affect fragile or historic lands in which
				the operations could result in significant damage to important historic,
				cultural, scientific, or esthetic values or natural systems;
(3) affect renewable resource lands in which
				the operations could result in a substantial loss or reduction of long range
				productivity of water supply or food or fiber products; or
(4) affect natural hazard lands in which the
				operations could substantially endanger life and property, such lands to
				include areas subject to frequent flooding and areas of unstable
				geology.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-4 - Land exempt from designation

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 4.
Section 3 of this rule, this section, and section 5 of this
				  rule do not apply to the following:
(1) Land on which surface coal mining
				operations were being conducted on August 3, 1977.
(2) Land covered by a permit issued under IC
				14-34.
(3) Land where substantial
				legal and financial commitments in surface coal mining operations were in
				existence prior to January 4, 1977.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-5 - Exploration

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-18
Sec. 5.
Designation of any area as unsuitable for all or certain
				  types of surface coal mining operations under IC 14-34-18 and this rule does
				  not prohibit coal exploration operations in the area if conducted in accordance
				  with IC 14-34, this article, and other applicable requirements. Exploration
				  operations on any lands designated unsuitable for surface coal mining
				  operations must be approved by the director under
				  312 IAC
				  25-4-9 through
				  312 IAC
				  25-4-15, to ensure that exploration does not interfere
				  with any value for which the area has been designated unsuitable for surface
				  coal mining.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-6 - Procedures for petition

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-18
Sec. 6.
(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.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-8 - Hearing requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 8.
(a) Within
				ten (10) months after the receipt of a complete petition, the director shall
				hold a public hearing in the locality of the area covered by the petition. If
				all petitioners and intervenors agree, the hearing need not be held. The
				director may subpoena witnesses as necessary. A record of the hearing shall be
				made and preserved, and:
(1) no party shall
				have the burden of proof or persuasion; and
(2) all:
(A) relevant parts of the data base and
				inventory system; and
(B) public
				comment received during the public comment period set by the director or at the
				hearing; shall be included in the record and considered by the director in
				deciding the petition.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-9 - Decision

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 9.
(a) The
				director may decide to designate the petitioned land areas, in whole or in
				part, not to designate the petitioned land areas, or to place conditions on
				future operations in all or part of the petitioned area that would successfully
				mitigate the impacts of such operations.
(b) In reaching a decision, the director
				shall use the following:
(1) Information
				contained in the data base and inventory system established and maintained
				under section 10 of this rule.
(2)
				Information provided by other governmental agencies.
(3) The detailed statement prepared under
				section 8(e) of this rule.
(4) Any
				other relevant information submitted during the comment period.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-10 - Data base and inventory system requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 10.
(a) The
				director shall develop a data base and inventory system that will permit
				evaluation of whether reclamation is feasible in areas covered by
				petitions.
(b) The director shall
				include in the system information relevant to the criteria in section 3 of this
				rule, including, but not limited to, the following:
(1) Information received from the United
				States Fish and Wildlife Service.
(2) The state historic preservation
				officer.
(3) The agency
				administering Section 127 of the Clean Air Act as amended (
				42 U.S.C.
				7470 et seq.).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-11 - Public information

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 11.
The director shall do the following:
(1) Make the information and data base system
				developed under section 10 of this rule available to the public for inspection
				free of charge and for copying at reasonable cost.
(2) Provide information to the public on the
				petition procedures necessary to have:
(A) an
				area designated as unsuitable for all or certain types of surface coal mining
				operations; or
(B) designations
				terminated and describe how the inventory and data base system can be
				used.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-12 - Implementation; responsibility

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 12.
(a) The
				director shall not issue permits that are inconsistent with designations made
				under this article.
(b) The
				director shall maintain a map or other unified and cumulative record of areas
				designated as unsuitable for all or certain types of surface coal mining
				operations.
(c) The director shall
				make available to any person any information within its control regarding
				designations, including mineral or elemental content that is potentially toxic
				in the environment, but excepting proprietary information on the chemical and
				physical properties of the coal.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-1 - Continued operation under interim permits

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-36-1
Sec. 1.
(a) Except
				as provided in subsection (b), no person shall conduct surface coal mining and
				reclamation operations on and after March 29, 1983, unless that person has
				first obtained a permanent program permit from the director under section 3 of
				this rule.
(b) A person conducting
				surface coal mining operations under an interim permit issued or amended by the
				commission in accordance with the requirements of IC 14-36-1, as amended, P.L.
				159, Acts of 1978 and P.L. 331, Acts of 1981 or under an interim permit, the
				expiration of which has been extended by the commission, may conduct those
				operations beyond the term of such permit and beyond the period prescribed in
				subsection (a), if:
(1) not later than two
				(2) months following the approval of the Secretary of the United States
				Department of the Interior of this program, a complete application for a
				permanent program permit is filed with the director;
(2) the commission has not yet rendered a
				decision with respect to such permanent program application; and
(3) the operations are conducted in
				compliance with all terms and conditions of the interim permit, P.L. 159, Acts
				of 1978 and P.L. 331, Acts of 1981.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-2 - Permits and exploration applications; responsibilities

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 2.
(a) Persons
				seeking to engage in surface coal mining and reclamation operations must submit
				an application for and obtain a permit for those operations in accordance with
				section 1 of this rule, this section, and sections 3 through 134 of this
				rule.
(b) Persons seeking to
				conduct exploration must first file the notice of intention or obtain approval
				of the director as required under sections 9 through 15 of this rule.
(c) Following the submission by the director
				of a regulatory program under 30 CFR, Subchapter C, the director shall provide
				to the applicant written format for permit applications.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-3 - General requirements for permits

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3
Sec. 3.
No person may open or develop a new or previously mined or
				  abandoned site for surface coal mining operations within Indiana unless that
				  person has first obtained a valid permit issued by the director under IC
				  14-34-3.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-4 - Compliance with permits

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 4.
All persons shall conduct surface coal mining and reclamation
				  operations under permits issued under IC 14-34 and this article, and shall
				  comply with the terms and conditions of IC 14-34, this article, and the
				  permit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-5 - Permit applications; filing and deadlines

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 5.
(a) Each
				person who conducts or expects to conduct new surface coal mining and
				reclamation operations shall file an application for a permit for those
				operations no later than one hundred eighty (180) days prior to the proposed
				commencement of such operations.
(b) An application for renewal of a permit
				shall be filed with the director at least one hundred twenty (120) days before
				the expiration of the permit involved.
(c) Any application for revision of a permit
				shall be filed with the director at least one hundred twenty (120) days before
				the date on which the permittee expects to revise surface coal mining or
				reclamation operations.
(d) Any
				application for a new permit required for a person succeeding by transfer,
				sale, or assignment of rights granted under a prior permit shall be filed with
				the director not later than thirty (30) days after that succession is approved
				by the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-6 - Permit applications; general requirements; format and contents

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 6.
(a) An
				application for a permit to conduct surface coal mining and reclamation
				operations shall be filed in the format required by the director. The
				application must be complete and must include the following:
(1) For surface mining activities, all the
				applicable information required under sections 16 through 56 of this
				rule.
(2) For underground mining
				activities, all the information required under sections 57 through 97 of this
				rule.
(3) For special types of
				surface coal mining and reclamation operations, all the information required
				under sections 98 through 107 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-7 - Permit applications; format and contents review

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 7.
Each application for a surface coal mining and reclamation
				  permit under a regulatory program shall be reviewed as to its completeness
				  prior to formal review and shall include the following:
(1) This completeness review shall be
				completed not later than fifteen (15) working days after such permit is
				submitted.
(2) The director shall
				contact the applicant not later than five (5) working days after a permit is
				reviewed for completeness and shall state:
(A) which portions of the permit application
				are incomplete; and
(B) those
				conditions and information requirements necessary to complete the
				application.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-8 - Verification of application

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 8.
Applications for permits shall be verified, under oath, by a
				  responsible official of the applicant, that the information contained in the
				  application is true and correct to the best of the official's information and
				  belief.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-9 - Coal exploration; responsibilities

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 9.
It is the responsibility of any person conducting or seeking
				  to conduct coal exploration under a regulatory program to comply with this
				  section and sections 10 through 15 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-10 - General requirements; coal exploration

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34; IC 14-38-2
Sec. 10.
(a) General
				requirements for coal exploration activities shall be as follows:
(1) Any person who conducts coal exploration
				activities for the purpose of determining the location, quantity, or quality of
				a coal seam shall comply with
				312 IAC
				25-6-1 through
				312 IAC
				25-6-4.
(2) All exploration holes, wells, or other
				exposed openings created during exploration must meet the requirements of
				312
				IAC 25-6-8,
				312
				IAC 25-6-9, and
				312
				IAC 25-6-10.
(3) Any person desiring to drill exploratory
				holes to a depth in excess of two hundred (200) feet shall first file a written
				application for a permit with the division of oil and gas, department of
				natural resources, consistent with rules promulgated pursuant to IC
				14-38-2.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-12 - Exploration of more than 250 tons; approval or disapproval

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 12.
The director shall approve a complete application filed in
				  accordance with sections 9 through 11 of this rule, this section, and sections
				  13 through 15 of this rule after making a written finding that the applicant
				  has demonstrated the exploration and reclamation described in that application
				  will be conducted in accordance with IC 14-34, the coal exploration performance
				  standards in
				  312 IAC
				  25-6-1 through
				  312 IAC
				  25-6-4, and sections 9 through 11 of this rule, this
				  section, and sections 13 through 15 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-13 - Application approval or disapproval; public notice

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 13.
(a) The
				director shall notify the applicant and any appropriate county planning agency,
				in writing, of its decision to approve or disapprove the application. If the
				application is disapproved, the notice to the applicant shall state the reason
				for disapproval. The director shall provide public notice of approval or
				disapproval of each application by publication in a newspaper of general
				circulation in the vicinity of the proposed exploration site or
				sites.
(b) Any person with an
				interest who is or may be adversely affected by a decision of the director
				under subsection (a) shall have the opportunity for administrative and judicial
				review as set forth in sections 122 and 123 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-14 - Coal exploration violations

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 14.
Any person who conducts any coal exploration in violation
				  of:
(1) IC 14-34-9;
(2) sections 9 through 13 of this rule, this
				section, and section 15 of this rule; or
(3)
									312 IAC
				25-6-1 through
				312 IAC
				25-6-4; shall be subject to IC 14-34-15 and IC
				14-34-16.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-15 - Public availability of information

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC 14-34
Sec. 15.
(a) Except
				as provided in subsection (b), all information submitted to the director under
				sections 9 through 14 of this rule and this section will be made available for
				public inspection and copying (at reasonable charge) at the reclamation field
				office of the division of reclamation.
(b) The director will not make information
				available for public inspection if the person submitting the information
				requests, in writing, at the time of submission, that the information not be
				disclosed because the information contains trade secrets or proprietary
				commercial information. If the director determines that the information is not
				confidential, the person may request a hearing in the hearing officer's
				chambers within the time limitations set forth in IC 4-21.5. The record of this
				hearing will be sealed. Until such time as the hearing officer renders a
				written decision, the time for instituting judicial review has expired and
				unless otherwise ordered by a court of competent jurisdiction, such information
				shall only be disclosed to the hearing officer, appropriate employees in the
				department, and the person requesting the hearing. Other interested persons
				becoming parties to the proceeding shall not have access to such information
				until the period of judicial review has expired unless otherwise ordered by a
				court of competent jurisdiction.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-16 - Application; applicability

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 16.
This section and sections 17 through 25 of this rule apply to
				  any person who applies for a permit to conduct surface mining
				  activities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-17 - Surface mining permit applications; identification of interests

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  778.13
Sec. 17.
(a) An
				application shall contain the following information, except that the submission
				of a Social Security number is voluntary:
(1)
				A statement as to whether the applicant is a:
(A) corporation;
(B) partnership;
(C) single proprietorship;
(D) association; or
(E) other business entity.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-18 - Surface mining permit applications; compliance information

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  778.14
Sec. 18.
(a) Each
				application shall contain the following information:
(1) A statement of whether the applicant,
				operator, or any subsidiary, affiliate, or persons controlled by or under
				common control with the applicant or the operator has:
(A) had a federal or state coal mining permit
				suspended or revoked in the five (5) years preceding the date of submission of
				the application; or
(B) forfeited a
				performance bond or similar security deposited in lieu of bond.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-19 - Surface mining permit applications; right of entry and operation information

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 19.
(a) Each
				application shall contain a description of the documents upon which the
				applicant bases his or her legal right to enter and begin surface mining
				activities in the permit area and whether that right is the subject of pending
				litigation. The description shall:
(1)
				identify the specific land to which the document pertains; and
(2) explain the legal rights claimed by the
				applicant.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-20 - Surface mining permit applications; relationship to areas designated unsuitable for mining

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 20.
(a) Each
				application shall contain a statement of available information on whether the
				proposed permit area is within an area designated unsuitable for surface mining
				activities under
				312 IAC
				25-3-6 through
				312 IAC
				25-3-12 or under study for designation in an
				administrative proceeding under
				312 IAC
				25-3-6 through
				312 IAC
				25-3-12.
(b) If an applicant claims the exemption in
				section 115 of this rule, the application shall contain information supporting
				the applicant's assertion that it made substantial legal and financial
				commitments before January 1, 1977, concerning the proposed surface mining
				activities.
(c) Subject to valid
				existing rights, if an applicant proposes to conduct surface mining activities
				within three hundred (300) feet of an occupied dwelling, the application shall
				contain the waiver of the owner of the dwelling as required in
				312 IAC
				25-3-1(5).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-21 - Surface mining permit applications; permit term information

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 21.
(a) Each
				permit shall be issued for a fixed term not to exceed five (5) years, except
				where the director grants a longer fixed period as provided in this
				section.
(b) Each application shall
				state the following:
(1) The anticipated
				starting and termination dates of the surface mining activities.
(2) The anticipated number of acres of land
				to be affected annually and over the total life of the permit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-22 - Surface mining permit applications; personal injury and property damage insurance information

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 22.
Each permit application shall contain a certificate of
				  liability insurance consistent with 312 IAC 25-5.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-24 - Surface mining permit applications; identification of library where application on file

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 24.
Each application shall identify by name and address the
				  county library where the applicant will simultaneously file a copy of the
				  application for public inspection under section 109(d) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-25 - Surface mining permit applications; newspaper advertisement; proof of publication

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 25.
A copy of the newspaper advertisement of the application and
				  proof of publication of the advertisement shall be filed with the director and
				  made a part of the complete application, not later than four (4) weeks after
				  the last date of publication required by section 109(a) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-26 - Surface mining permit applications; environmental resources information; general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 26.
Each permit application shall include a description of the
				  existing premining environmental resources within the proposed permit area and
				  adjacent areas that may be affected or impacted by the proposed surface mining
				  activities.