CHAPTER 3. PERMIT REQUIREMENTS
IC 14-34-3
Chapter 3. Permit Requirements
IC 14-34-3-1
Mining without permit
Sec. 1. A person may not open, develop, or operate a new orpreviously mined or abandoned site for surface coal miningoperations in Indiana without holding a valid surface coal mining andreclamation permit.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-2
Form prescribed by director
Sec. 2. A person must make application for a surface coal miningand reclamation permit to the director on a form prescribed by thedirector.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-3
Application requirements; contents
Sec. 3. An application for a surface coal mining and reclamationpermit must include the following:
(1) The names and addresses of the following:
(A) The permit applicant.
(B) Every legal owner of record of the property (surface andmineral) to be mined.
(C) The holders of record of any leasehold interest in theproperty.
(D) Any purchaser of record of the property under a realestate contract.
(E) The operator if the operator is a person different fromthe applicant.
(F) If a person in clauses (A) through (E) is a business entityother than a single proprietor, the names and addresses of theprincipals, officers, and resident agent.
(2) The names and addresses of the owners of record of allsurface and subsurface areas adjacent to any part of the permitarea.
(3) A statement of each current or previous surface coal miningpermit in the United States held by the applicant, including eachpending application, the permit identification, and the state thatissued that permit or holds the pending application.
(4) If the applicant is a partnership, a corporation, anassociation, or other business entity, the following whereapplicable:
(A) The names and addresses of every officer, partner, ordirector or person performing a function similar to a directorof the applicant.
(B) The name and address of each person owning, of record,at least ten percent (10%) of any class of voting stock of the
applicant.
(C) A list of all names under which the applicant, partner, orprincipal shareholder previously operated a surface coalmining operation within the United States within:
(i) the five (5) years preceding the date of submission ofthe application; or
(ii) any additional period that the director establishes.
(5) A statement of whether the applicant or a subsidiary, anaffiliate, or a person controlled by or under common controlwith the applicant has:
(A) ever held a federal or state coal mining permit that in:
(i) the five (5) years preceding the date of submission ofthe application; or
(ii) any additional period that the director establishes;
was suspended or revoked or is in the process of revocation;or
(B) had a mining bond or similar security deposited in lieuof bond forfeited;
and if so, a brief explanation of the facts involved andidentification of the state in which this action occurred.
(6) A copy of the applicant's advertisement to be publishedunder IC 14-34-4-1. The advertisement must include thefollowing:
(A) The names of the property owners involved.
(B) A description of the exact location and boundaries of theproposed site sufficient so that the proposed surface coalmining operation is readily locatable by local residents.
(C) The location where the application is available for publicinspection.
(7) A description of the following:
(A) The type and method of surface coal mining operationthat exists or is proposed.
(B) The engineering techniques proposed or used.
(C) The equipment used or proposed to be used.
(8) The anticipated or actual starting and termination dates ofeach phase of the surface coal mining operation and the numberof acres of land to be affected.
(9) An accurate map or plan, to an appropriate scale, clearlyshowing the following:
(A) The land to be affected as of the date of the application.
(B) The area of land within the permit area upon which theapplicant has the legal right to enter and commence surfacecoal mining operations, including the following:
(i) A statement of those documents upon which theapplicant bases the applicant's legal right to enter andcommence surface coal mining operations on the areaaffected.
(ii) Whether that right is the subject of pending courtlitigation.
(10) The name of the watershed and location of the surface
stream or tributary into which surface and pit drainage will bedischarged.
(11) A determination of the probable hydrologic consequencesof surface coal mining and reclamation operations, both on andoff the mine site, with respect to the following:
(A) The hydrologic regime.
(B) The quantity and quality of water in surface and groundwater systems, including the dissolved and suspended solidsunder seasonal flow conditions.
(C) The collection of sufficient data for the mine site andsurrounding areas so that an assessment can be made of theprobable cumulative impacts of all anticipated mining in thearea upon the hydrology of the area and particularly uponwater availability.
However, this determination is not required until the time thathydrologic information on the general area before mining ismade available from an appropriate federal or state agency. Thepermit may not be approved until the information is availableand is incorporated into the application.
(12) When requested by the director, the climatological factorsthat are peculiar to the locality of the land to be affected,including the following:
(A) The average seasonal precipitation.
(B) The average direction and velocity of prevailing winds.
(C) The seasonal temperature ranges.
(13) Accurate maps to an appropriate scale clearly showing theland affected on the date of application and the sameinformation that is set forth on topographical maps of theUnited States Geological Survey of a scale of 1:24,000 or1:25,000 or larger, including all manmade features andarcheological and historical sites known by the division ofhistoric preservation and archeology. The map or plan mustshow the following:
(A) All boundaries of the land to be affected.
(B) The boundary lines and names of present owners ofrecord of all surface areas abutting the permit area.
(C) The location of all buildings within one thousand (1,000)feet of the permit area.
(14) Cross section maps or plans of the land to be affected,including the actual area to be mined, prepared by or under thedirection of and certified by an engineer licensed underIC 25-31 or a geologist licensed under IC 25-17.6 withassistance from experts in related fields such as land surveyingand landscape architecture. The maps or plans must showpertinent elevation and location of test borings or coresamplings and depict the following:
(A) The nature and depth of the various strata of overburdenas required by the commission in the commission's rules.
(B) The location and quality of subsurface water ifencountered. (C) The nature and thickness of each coal or rider seamabove the coal seam to be mined.
(D) The nature of the stratum immediately beneath the coalseam to be mined.
(E) All mineral crop lines and the strike and dip of the coalto be mined within the area of land to be affected.
(F) Existing or previous surface coal mining limits.
(G) The location and extent of known workings of eachunderground coal mine, including mine openings to thesurface.
(H) The location of aquifers as required by the commissionin the commission's rules.
(I) The estimated elevation of the water table.
(J) The location of spoil, waste, or refuse areas and topsoilpreservation areas.
(K) The location of all impoundments for waste or erosioncontrol.
(L) Each settling or water treatment facility.
(M) Constructed or natural drainageways and the location ofeach discharge to a surface body of water on the area of landto be affected or adjacent to the land to be affected.
(N) Profiles at appropriate cross sections of the anticipatedfinal surface configuration that will be achieved under theoperator's proposed reclamation plan.
(15) A statement of the result of test borings or core samplingsfrom the permit area, including the following:
(A) Logs of the drill holes.
(B) The thickness of the coal seam found and an analysis ofthe chemical properties of that coal.
(C) The sulfur content of each coal seam.
(D) Chemical analysis of potentially acid or toxic formingsections of the overburden.
(E) A chemical analysis down to and including the deeper ofthe following:
(i) The stratum lying immediately underneath the lowestcoal seam to be mined.
(ii) An aquifer below the lowest coal seam to be minedthat may be adversely impacted by mining.
The director may waive the requirement as to the specificapplication of this clause if the director determines inwriting the requirements are unnecessary.
(16) For the land in the permit application that a reconnaissanceinspection suggests may be prime farmland and to confirm theexact location of the prime farmland, a soil survey inaccordance with the standards established by the United StatesSecretary of Agriculture.
(17) A reclamation plan that meets the requirements of section12 of this chapter.
(18) Proof that the applicant is self-insured or has a publicliability insurance policy issued by an insurance company
authorized to do business in Indiana in force for the surface coalmining and reclamation operations for which the permit issought. The policy must provide for personal injury andproperty damage protection in an amount adequate tocompensate each person injured as a result of the surface coalmining and reclamation operation. If a permit is granted, thepermittee shall maintain the policy in full force and effect forthe duration of the permit or a renewal.
(19) A blasting plan that outlines the procedures the operatorwill use to comply with IC 14-34-12.
(20) A listing of all notices of violations, and their finalresolution, of:
(A) IC 13-4.1 (before its repeal);
(B) this article; and
(C) a:
(i) federal statute or regulation; or
(ii) state statute or rule enacted or adopted in response toa federal statute or regulation;
pertaining to air or water environmental protection;
incurred by the applicant or a subsidiary, an affiliate, or aperson controlled by or under common control with theapplicant in connection with any surface coal mining operationduring the three (3) year period before the date of application.
As added by P.L.1-1995, SEC.27. Amended by P.L.2-1997, SEC.54;P.L.17-1999, SEC.1.
IC 14-34-3-4
Confidential or public information pertaining to coal seams, testborings, core samplings, or soil samples
Sec. 4. The information required by section 3 of this chapterpertaining to coal seams, test borings, core samplings, or soil samplesis available for inspection by any person with an interest that is ormay be adversely affected by the surface coal mining andreclamation operation. However, the information that pertains onlyto the analysis of the chemical and physical properties of the coal,except information concerning a mineral or elemental content that ispotentially toxic in the environment and the nature and location ofarcheological resources on public land and Indian land as requiredunder the federal Archeological Resources Protection Act of 1979(16 U.S.C. 470aa et seq.), is confidential.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-5
Probable hydrologic consequences of test borings or coresamplings
Sec. 5. Upon the written request of the operator and if the directorfinds that the probable total annual production at all locations of asurface coal mining operator will not exceed three hundred thousand(300,000) tons, a qualified public or private laboratory designated bythe director shall determine the probable hydrologic consequences
and the results of test borings or core samplings required by section3 of this chapter. The department shall assume the cost of preparationof the determination made under this section.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-6
Application available for public inspection
Sec. 6. Each applicant for a surface coal mining and reclamationpermit, amendment, transfer, or renewal shall file an entire copy ofthe application, except for the information pertaining to the coalseam, for public inspection in the main public library in the countyin which the proposed mining operation is located or in anappropriate public office in that county, as approved by the director.The documents may not be recorded.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-7
Filing fee
Sec. 7. An applicant must pay a filing fee of fifty dollars ($50).
As added by P.L.1-1995, SEC.27.
IC 14-34-3-8
Application on file for 30 days
Sec. 8. An application remains on file until thirty (30) days afterthe director's final decision on the application, at which time theapplicant may remove the application.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-9
Application on file and available for inspection
Sec. 9. An accurate and complete copy of an application, exceptas provided in section 4 of this chapter, must:
(1) remain on file at the office of the division of reclamationnearest the mining operation; and
(2) be available for public inspection and copying at reasonablecharge during normal business hours.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-10
Information concerning archeological and historic sites; limitationon enforcement of section and rules
Sec. 10. (a) The director may require a permit applicant to submitadditional information concerning the identity, location, and natureof archeological and historic sites in or within one thousand (1,000)feet of the permit area in accordance with rules adopted by thecommission to implement this section.
(b) In the rules implementing this section, the commission shallprovide that the director may require a permit applicant to identifyand evaluate important archeological and historic sites through thefollowing: (1) Searches of the records of the following:
(A) Research institutions.
(B) The state historical preservation office.
(2) Field investigations.
(3) Other appropriate investigations according to standardsincorporated in the rules.
(c) The commission's rules must be consistent with the principlesset forth in IC 14-34-4-10(c).
(d) This section and the rules adopted under this section may notbe enforced if and to the extent that any federal court holds that thefederal Surface Mining Control and Reclamation Act of 1977 (30U.S.C. 1201-1328) does not authorize the requirements of recordssearches, field investigations, or other studies in connection withapplication for surface coal mining operations.
As added by P.L.1-1995, SEC.27. Amended by P.L.16-2009, SEC.24.
IC 14-34-3-11
Reimbursement of costs to department
Sec. 11. (a) Whenever the department has assumed the cost of atest or determination required by section 5 of this chapter, theoperator for whom the costs were assumed shall reimburse thedepartment for the costs if any of the following conditions exist:
(1) The actual and attributed annual coal production of theoperator at all locations exceeds three hundred thousand(300,000) tons during any consecutive twelve (12) month periodeither during:
(A) the term of the permit for which assistance wasprovided; or
(B) the first five (5) years after issuance of the permit;
whichever is shorter.
(2) False information was given the department in theapplication for the permit or in reports required by thedepartment.
(3) A permit application was not submitted to the departmentwithin one (1) year after the date the permittee received thereport for which the cost was assumed.
(4) The applicant does not begin mining within six (6) monthsafter obtaining the permit.
(5) The:
(A) permit is sold, transferred, or assigned to another person;and
(B) transferee's total actual and attributed productionexceeds the three hundred thousand (300,000) ton annualproduction limit during any consecutive twelve (12) monthperiod of the remaining term of the permit.
Under this subdivision the applicant and the applicant'ssuccessor are jointly and severally obligated to reimburse thedepartment.
(b) The department may waive the reimbursement obligation if thedepartment finds that the applicant at all times acted in good faith.As added by P.L.1-1995, SEC.27.
IC 14-34-3-12
Reclamation plan
Sec. 12. (a) Each reclamation plan submitted as part of a permitapplication as required by section 3 of this chapter must include thefollowing, in the degree of detail necessary to demonstrate thatreclamation required by this article can be accomplished:
(1) The:
(A) identification of land subject to surface coal miningoperations over the estimated life of those operations; and
(B) size, sequence, and timing of the sub areas for which itis anticipated that individual permits for mining will besought.
(2) A statement of the condition of the land to be covered by thepermit before mining, including the following:
(A) The uses existing at the time of the application.
(B) If the land has a history of previous mining, the uses thatpreceded mining.
(C) The capability of the land before mining to support avariety of uses giving consideration to the following:
(i) Soil and foundation characteristics.
(ii) Topography.
(iii) Vegetative cover.
(iv) If applicable, a soil survey prepared under section3(16) of this chapter.
(D) The productivity of the land, including the following:
(i) Appropriate classification as prime farmland.
(ii) The average yield of food, fiber, forage, or woodproducts from the land obtained under high levels ofmanagement.
(3) The proposed use of the land following reclamation,including the following:
(A) A discussion of the utility and capacity of the reclaimedland to support a variety of alternative uses.
(B) A discussion of the relationship of that use to existingland use policies and plans.
(C) The comments of any owner of the surface and state andlocal governments or agencies of state and localgovernments that would have to initiate, implement,approve, or authorize the proposed use of the land followingreclamation.
(4) A detailed description of:
(A) how the proposed postmining land use is to be achieved;and
(B) the necessary support activities that may be needed toachieve the proposed land use.
(5) A description of the engineering techniques and the majorequipment proposed to be used in the surface coal mining andreclamation operation. (6) Plans for the following:
(A) The control of surface water drainage and of wateraccumulation.
(B) Where appropriate, backfilling, soil stabilization, andcompacting, grading, and appropriate revegetation.
(C) Soil reconstruction, replacement, and stabilization underthe performance standards in IC 14-34-10-2(b)(10) for thefood, forage, and forest land identified inIC 14-34-10-2(b)(10).
(7) An estimate of the cost of the reclamation, including astatement as to how the permittee plans to comply with each ofthe requirements set out in IC 14-34-10-2.
(8) The consideration given to maximize the use andconservation of the solid fuel resource recovered so thatreaffecting the land in the future is minimized.
(9) A detailed estimated timetable for the accomplishment ofeach major step in the reclamation plan.
(10) The consideration given to making the surface coal miningand reclamation operation consistent with the following:
(A) Surface owner plans.
(B) Applicable state and local land use plans and programs.
(11) The steps to be taken to comply with the following:
(A) Applicable air and water quality laws and rules.
(B) Applicable health and safety standards.
(12) The consideration given to developing the reclamation planin a manner consistent with local physical environmental andclimatological conditions.
(13) With respect to land contiguous to the area to be coveredby the permit, a description of the following:
(A) The land.
(B) Interests in the land.
(C) Options on interests in the land held by the applicant.
(D) Pending bids on interests in the land by the applicant.
This information is confidential and not a matter of publicrecord.
(14) The results of test borings that the applicant has made tothe permit area or other equivalent information and data in aform satisfactory to the director, including the location ofsubsurface water and an analysis of the chemical properties.The analysis must include an analysis of the acid-formingproperties of the mineral and overburden. The information thatpertains only to the analysis of the chemical and physicalproperties of the coal, except information regarding mineral orelemental contents that are potentially toxic in the environment,is confidential.
(15) A detailed description of the measures to be taken duringthe surface coal mining and reclamation process to assure theprotection of the following:
(A) The quality of surface and ground water systems, bothonsite and offsite, from adverse effects of the mining and
reclamation process.
(B) The rights of present users to that water.
(C) The quantity of surface and ground water systems, bothonsite and offsite, from adverse effects of the mining andreclamation process or to provide alternative sources ofwater where the protection of quantity cannot be assured.
(16) Other information that the commission requires by rule.
(b) Unless otherwise provided, information required by thissection that is not on public file under Indiana law is confidential.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-13
Departures from standards
Sec. 13. To encourage advances in coal mining and reclamationpractices or to allow postmining land use for industrial, commercial,residential, recreational, or public use, the director may, with theapproval of the United States Secretary of the Interior, permitdepartures in individual cases from the standards established inIC 14-34-10 and IC 14-34-11. The director may permit thesedepartures only if the following conditions exist:
(1) The experimental practices are:
(A) potentially more; or
(B) at least as;
environmentally protective during and after the coal miningoperations as those required under commission rules governingthis section.
(2) The coal mining operations approved for particular land useor other purposes are not larger or more numerous thannecessary to determine the effectiveness and economicfeasibility of the experimental practices.
(3) The experimental practices do not reduce the protectionafforded public health and safety below that provided bycommission rules governing this section.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-14
Coordination with other federal act requirements
Sec. 14. The director shall, to avoid duplication, provide for thecoordination of review and issuance of permits for surface coalmining and reclamation operations with applicable requirements ofthe following:
(1) The federal Endangered Species Act of 1973 (16 U.S.C.1531 et seq.).
(2) The federal Fish and Wildlife Coordination Act (16 U.S.C.661 through 666c).
(3) The federal Migratory Bird Treaty Act of 1918 (16 U.S.C.703 through 711).
(4) The National Historic Preservation Act (16 U.S.C. 470 etseq.).
(5) The federal Bald Eagle Protection Act (16 U.S.C. 668a).As added by P.L.1-1995, SEC.27.