Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-109 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; responsibility

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 109.
(a) An
				applicant for a permit, or revision or renewal of a permit, shall place an
				advertisement in a newspaper of general circulation that is published in the
				county in which the proposed surface coal mining and reclamation operation is
				located at least once a week for four (4) consecutive weeks. As used in this
				section, "published" refers to the process of composing, issuing, and
				distributing the newspaper to the public and does not refer only to the
				mechanical work of printing. If the proposed operation lies within more than
				one (1) county, the advertisement shall be placed in one (1) newspaper in each
				county where the proposed operation will lie. The applicant shall place the
				advertisement in the newspaper at the same time the complete permit application
				is filed with the director. The advertisement must include, at a minimum, the
				following information:
(1) The name and
				business address of the applicant.
(2) A map or description that accomplishes
				all of the following:
(A) Clearly shows or
				describes the exact location and boundaries of the proposed permit area,
				including:
(i) a legal description of the
				area by quarter, quarter section, township, range, and county; and
(ii) the distance and direction of the site
				from a town, city, or another permanent feature sufficient for the operation to
				be readily located by a local resident.
(B) States the name of each United States
				Geological Survey seven and five-tenths (7.5) minute quadrangle map that
				contains the area described.
If a map is used, it shall indicate the north
				  direction.
(3)
				The location where a copy of the application is available for public
				inspection.
(4) The names of the
				property owners of the property included in the application.
(5) The name and address of the director to
				which written comments, objections, or requests for informal conferences on the
				application may be submitted under sections 110 through 112 of this
				rule.
(6) If an applicant seeks a
				permit to mine within one hundred (100) feet of the outside right-of-way of a
				public road or to relocate or close a public road:
(A) a concise statement describing the public
				road;
(B) the particular part to be
				relocated or closed;
(C) where the
				relocation or closure is to occur; and
(D) the approximate timing and duration of
				the relocation.
(7) A
				copy of the advertisement shall be mailed to the following:
(A) Each person identified in the application
				as owners of record of all surface and subsurface areas adjacent to any part of
				the permit area.
(B) Every person
				who has requested notice of such application.
(8) If the application includes a request for
				an experimental practice under section 99 of this rule, a statement indicating
				that an experimental practice is requested and identifying the regulatory
				provisions for which a variance is requested.
(9) The applicant shall make an application
				for a permit, or significant revision or renewal of a permit under sections 127
				through 131 of this rule, available for the public to inspect and copy by
				filing a full copy of the application or permit with the appropriate library as
				required by this section. This copy of the application need not include
				confidential information exempt from disclosure under sections 15, 30, and 113
				of this rule.