Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-115 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; permit approval or denial

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 115.
(a) No
				permit application or application for a significant revision of a permit shall
				be approved unless the application affirmatively demonstrates, and the director
				makes written findings on the basis of information set forth in the application
				or from information otherwise available that is documented in the approval, the
				following:
(1) The permit application is
				accurate and complete and in compliance with all requirements of IC 14-34, the
				federal Surface Mining Control and Reclamation Act of 1977 (
				30 U.S.C.
				1201 et seq.), and this article.
(2) The applicant has demonstrated that
				reclamation, as required by IC 14-34, the federal Surface Mining Control and
				Reclamation Act of 1977 (
				30 U.S.C.
				1201 et seq.), and this article, can be
				accomplished under the reclamation plan contained in the permit
				application.
(3) The proposed
				permit area is shown not within an area:
(A)
				under study or administrative proceedings under a petition filed under
				312 IAC
				25-3-6 through
				312 IAC
				25-3-12 to have an area designated as unsuitable for
				surface coal mining operations unless the applicant demonstrates that before
				January 4, 1977, substantial legal and financial commitments had been made in
				relation to the operation covered by the permit application; or
(B) designated as unsuitable for mining under
				312 IAC 25-3.
(4) For
				mining operations where the private mineral estate to be mined has been severed
				from the private surface estate, the applicant has submitted to the director
				the documentation required under section 19(b) or 60(b) of this rule.
(5) The assessment of the probable cumulative
				impacts of all anticipated coal mining in the cumulative impact area on the
				hydrologic balance, as described in sections 47(c) and 85(c) of this rule, has
				been made by the director, and the operations proposed under the application
				have been designed to prevent material damage to the hydrologic balance outside
				the proposed permit area.
(6) The
				applicant has demonstrated that any existing structure will comply with the
				applicable performance standards of
				312 IAC
				25-6-5 through
				312 IAC
				25-6-148 and section 116 of this rule.
(7) The applicant has paid all reclamation
				fees required by 312 IAC 25-10 and all reclamation fees from previous and
				existing operations as required by
				30 CFR
				870.12.
(8) The applicant has satisfied the
				applicable requirements of section 98 of this rule with respect to special
				categories of mining.
(9) The
				applicant has, if applicable, satisfied the requirements for approval of a long
				term, intensive agricultural postmining land use, in accordance with the
				requirements of
				312 IAC
				25-6-54 or
				312
				IAC 25-6-115.
(10) The operation would not affect the
				continued existence of endangered or threatened species, or result in
				destruction or adverse modification of their critical habitats, as determined
				under the Endangered Species Act of 1973 (
				16
				U.S.C. 1531 et seq.).
(11) The effect has been taken into account
				of the proposed mining operation on properties or sites eligible for listing on
				the National Register of Historic Places or the Indiana state register of
				historic sites and structures. This finding may be supported in part by the
				inclusion of appropriate permit conditions or changes in the operation plan to
				protect these properties or sites or by a documented decision that no
				additional protection measures are necessary. In making this finding, the
				director shall take into account the following:
(A) The relative importance of the property
				or site to other properties or sites of a similar nature in Indiana that are
				listed on or eligible for listing on the National Register of Historic Places
				or on the Indiana state register of historic sites and structures based upon
				information available from the division of historic preservation and archeology
				of the department.
(B) The
				estimated cost of any treatment or mitigation measures required by the
				director. The estimate shall be provided by the applicant and shall be prepared
				by a person qualified as a principal investigator at
				312 IAC
				21-3-4. The estimate shall be accompanied by the scope
				of work and any other documents that provide the basis for that estimate. A
				decision that treatment or mitigation measures are not required shall not be
				based on cost alone.
(12) For a proposed remining operation where
				the applicant intends to reclaim under
				312
				IAC 25-6-53 or
				312
				IAC 25-6-114, the site of the operation is a
				previously mined area as defined in
				312 IAC
				25-1-107.
(13) For permits to be issued under section
				105.5 of this rule, the permit application must contain the following:
(A) Lands eligible for remining.
(B) An identification of any potential
				environmental and safety problems related to prior mining activity that could
				reasonably be anticipated to occur at the site.
(C) Mitigation plans to sufficiently address
				potential environmental and safety problems so that reclamation as required by
				the applicable requirements of the regulatory program can be
				accomplished.