Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 3 - Areas Unsuitable for Mining › Section 3-7 - Initial processing, record keeping, and notification

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 5-14-3; IC 14-34
Sec. 7.
(a) Within
				thirty (30) days of receipt of a petition, the director shall determine whether
				the petition is complete, except that for good cause the director may extend
				the time for making these determinations for an additional fifteen (15)
				days.
(b) As used in this section,
				"complete for a designation or termination petition" means that the information
				required under section 6(b) or 6(c) of this rule has been provided.
(c) The director shall determine whether any
				identified coal resources exist in the area covered by the petition without
				requiring any showing from the petitioner. If the director finds there are not
				any identified coal resources in that area, the petition shall be returned to
				the petitioner with a statement of the findings.
(d) Any petitions received after the close of
				the public comment period on a permit application relating to the same permit
				area shall not prevent the director from issuing a decision on that permit
				application. The director may return any petition received after the close of
				the public comment period to the petitioner with a statement why the petition
				cannot be considered. As used in this section, "close of the public comment
				period" means the close of any informal conference held under
				312
				IAC 25-4-112, or, if no conference is requested, at
				the close of the period for filing written comment and objections under
				312
				IAC 25-4-110 through
				312
				IAC 25-4-111.
(e) When the petition is determined complete,
				the director shall immediately accept the petition for further processing and
				advise the petitioner of this finding by certified mail.
(f) When the director finds that the petition
				is generally complete, but that it does not meet this test for portions of the
				petitioned area, the petition may be accepted in part for further processing in
				accordance with the procedures set forth in subsection (g). The director shall
				advise the petitioner of those portions of the petitioned area that are not
				accepted for further processing, with a written statement of reasons.
(g) The director may reject petitions for
				designations or terminations of designations that are frivolous, or were
				previously and unsuccessfully proposed for designation, if it is determined
				that the new petition presents no new allegations of facts. The director shall
				return the petition to the petitioner, with a statement of findings and a
				reference to the record of the previous designation proceedings where the facts
				of a previous and unsuccessful petition were considered. Once the requirements
				of section 6 of this rule are met, no party shall bear any burden of proof, but
				each accepted petition shall be considered and acted upon by the director
				pursuant to the procedures of section 6 of this rule, this section, and
				sections 8 through 12 of this rule.
(h) The director shall return to the
				petitioner any petition that is found to be incomplete or frivolous, together
				with a written statement of reasons for the determination and the categories of
				information needed to make the petition acceptable for resubmittal.
(i) The director shall notify the person who
				submits a petition of any application for a permit received that proposes to
				include any area covered by the petition.
(j) If the petition covers an area for which
				designation has previously been considered and rejected, the director shall
				determine if the petition presents significant new allegations of facts with
				evidence that tends to establish the allegations. If the petition does not
				contain the allegations and evidence, the petition shall not be considered, but
				shall be returned to the petitioner with the director's written findings and a
				reference to the record of the previous proceedings in which the issues raised
				by the petitioner were considered.
(k) Within three (3) weeks after accepting
				the petition for further processing, the director shall circulate copies of the
				petition to, and request submission of relevant information from, the
				following:
(1) Other interested governmental
				agencies.
(2) The
				petitioner.
(3)
				Intervenors.
(4) Persons with an
				ownership interest of record in the property.
(5) Other persons known to the director to
				have an interest in the property.