CHAPTER 5. PERMIT TERMS
IC 14-34-5
Chapter 5. Permit Terms
IC 14-34-5-1
Validity permit
Sec. 1. (a) A permit issued under IC 14-34-4 is valid for five (5)years unless the director grants a longer period under subsection (c).
(b) The director may issue a permit with a validity periodexceeding five (5) years if the following conditions are met:
(1) The applicant demonstrates that a specified longer period isreasonably needed to obtain necessary financing for equipmentand the opening of the operation.
(2) The application is full and complete for the specified longerperiod.
(3) The application complies with:
(A) the standards established by this article; or
(B) the rules that the commission adopts.
(c) If the director determines that a specified validity periodexceeding five (5) years is warranted under subsection (b)(1), thedirector may issue a permit for the specified longer period.
As added by P.L.1-1995, SEC.27.
IC 14-34-5-2
Transferring, assigning, or selling permit rights
Sec. 2. (a) A permittee may not transfer, assign, or sell the rightsgranted under a permit without the written approval of the director.
(b) A successor in interest to a permittee who:
(1) applies for a new permit within thirty (30) days ofsucceeding to the interest; and
(2) obtains the bond coverage of the original permittee;
may continue the surface coal mining and reclamation operationsaccording to the approved mining and reclamation plan of theoriginal permittee until the successor's application is granted ordenied.
As added by P.L.1-1995, SEC.27.
IC 14-34-5-3
Termination of permit for nonuse; extension of time
Sec. 3. (a) A permit terminates if the permittee has notcommenced the surface coal mining and reclamation operationscovered by the permit within three (3) years of the date of issuanceof the permit. With respect to coal to be mined for use in a syntheticfuel facility or a specific major electric generating facility, thepermittee's surface mining operation commences when constructionof the synthetic fuel or generating facility is initiated.
(b) The director may grant a reasonable extension of time to therequirement of subsection (a) upon a showing that an extension isnecessary because of any of the following:
(1) Litigation that:
(A) precludes the commencement of operations; or (B) threatens substantial economic loss to the permittee.
(2) Conditions:
(A) beyond the control; and
(B) without the fault or negligence;
of the permittee.
(c) If a coal lease is issued under the federal Mineral Leasing Act,as amended (30 U.S.C. 187, 193, 201, 203), extensions of time undersubsection (b) may not extend beyond the period allowed for diligentdevelopment in accordance with the federal Mineral Leasing Act, asamended (30 U.S.C. 187, 193, 201, 203).
As added by P.L.1-1995, SEC.27.
IC 14-34-5-4
Renewal of permit
Sec. 4. (a) A permittee may, within one hundred twenty (120)days before expiration of the current permit, apply to the director forrenewal of a permit for a period not to exceed the validity periodprovided for in section 1 of this chapter.
(b) After compliance with IC 14-34-4-1 through IC 14-34-4-6 andIC 14-34-4-11, the director shall issue a renewal permit for the areawithin the existing permit unless it is established by opponents of thepermit renewal and written findings are made by the director that anyof the following conditions exist:
(1) The terms and conditions of the existing permit were notsatisfactorily met.
(2) The present surface coal mining and reclamation operationdoes not comply with IC 14-34-10.
(3) The renewal request substantially jeopardizes the operator'scontinuing responsibility on existing permit areas.
(4) The operator has not provided evidence that theperformance bond in effect for the operation will continue infull force and effect for a renewal requested in the applicationas well as an additional bond the director requires underIC 14-34-6.
(5) The permittee has not provided the director with requiredadditional revised or updated information.
(c) If an application for renewal of a valid permit includes aproposal to extend the surface coal mining and reclamation operationbeyond the boundaries authorized in the existing permit, the part ofthe application for renewal that addresses new land areas is subjectto the full standards applicable to new applications under this article.
As added by P.L.1-1995, SEC.27.
IC 14-34-5-5
Revision of permit
Sec. 5. (a) During the term of the permit, the permittee maysubmit an application for a revision of the permit, together with arevised reclamation plan, to the director. However, except forincidental boundary revisions, a new permit is required for anyextensions to the permit area. (b) The director may not approve an application for a permitrevision unless the director finds the following:
(1) Reclamation required by this article can be accomplishedunder the revised reclamation plan.
(2) The permittee has complied with:
(A) IC 13-4.1-4 (before its repeal); or
(B) IC 14-34-4.
(c) The director shall establish guidelines for a determination ofthe scale or extent of a revision request for which all permitapplication information requirements and procedures apply.
As added by P.L.1-1995, SEC.27.
IC 14-34-5-6
Repealed
(Repealed by P.L.75-1998, SEC.14.)
IC 14-34-5-7
Change in reclamation plan; approval
Sec. 7. (a) A change in mining or reclamation operations from theapproved mining and reclamation plans that would adversely affectthe permittee's compliance with this article is a permit revisionsubject to review and approval as provided in this section andsections 8 through 8.4 of this chapter.
(b) A permit revision is either:
(1) a significant revision subject to sections 8 and 8.1 of thischapter;
(2) a nonsignificant revision subject to sections 8.2 and 8.3 ofthis chapter; or
(3) a minor field revision subject to section 8.4 of this chapter.
(c) Permit revisions may be approved by:
(1) the director; or
(2) the director's designated representative.
(d) A permit revision may not be approved unless the permitteedemonstrates and the director or the director's designatedrepresentative finds the following:
(1) That reclamation as required by this article and by the rulesadopted by the commission under IC 14-34-2-1 can beaccomplished.
(2) That applicable requirements of IC 14-34-4-7 that arepertinent to the permit revision are met.
(3) That the permit revision complies with all applicablerequirements of this article and the rules adopted by thecommission under IC 14-34-2-1.
As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.6.
IC 14-34-5-8
Revision of permit; notice and hearing requirements
Sec. 8. (a) Unless an application for revision of a permit submittedunder section 5 of this chapter is based only on nonsignificantrevisions or minor field revisions, the application may be approved
only after the notice and hearing requirements of this article forissuance of a permit have been fulfilled.
(b) The director may impose other conditions for approval of theapplication.
As added by P.L.1-1995, SEC.27. Amended by P.L.75-1998, SEC.7.
IC 14-34-5-8.1
Significant revision; determination
Sec. 8.1. For purposes of sections 7 and 8 of this chapter, aproposed revision of a permit is significant if any of the followingconditions exists:
(1) The changes may result in an adverse impact beyond thatpreviously considered, affecting cultural resources that arelisted on or eligible to be listed on:
(A) the National Register of Historic Places; or
(B) the register of Indiana historic sites and historicstructures established under IC 14-21-1.
(2) Blasting will be used in a manner that is likely to causeadverse impacts beyond that previously considered to personsor property outside the permit area.
(3) The changes may result in an adverse impact beyond thatpreviously considered, affecting a water supply to whichIC 14-25-4 applies.
(4) The changes:
(A) require the identification, disturbance, or handling oftoxic forming or acid forming materials different from thosepreviously considered; and
(B) have the potential for causing an additional impact notpreviously considered.
(5) The changes may result in an adverse impact on fish,wildlife, and related environmental values beyond thatpreviously considered.
(6) The addition of:
(A) a coal processing facility; or
(B) a permanent support facility;
is proposed, and the addition of the facility will cause an impactnot previously considered, except that the addition of atemporary coal processing facility used exclusively for crushingand screening need not be considered a significant revision.
(7) The changes will cause:
(A) a new or an updated probable hydrologic consequencesdetermination; or
(B) a cumulative hydrologic impact analysis to be requiredunder IC 14-34-3-3.
(8) A postmining land use will be changed to any of thefollowing:
(A) A residential land use.
(B) A commercial or industrial land use.
(C) A recreational land use.
(D) Developed water resources as defined in rules adopted
by the commission under IC 14-34-2-1 that meet the sizecriteria of 30 CFR 77.216(a).
As added by P.L.75-1998, SEC.8. Amended by P.L.1-1999, SEC.41.
IC 14-34-5-8.2
Nonsignificant revision; determination
Sec. 8.2. For purposes of sections 7, 8, and 8.3 of this chapter, aproposed permit revision is nonsignificant if any of the followingconditions exist:
(1) For surface mines, changes of the:
(A) direction of mining; or
(B) location of mining equipment;
within the permit area.
(2) The substitution of mining equipment designed for the samepurpose, the use of which is not detrimental to the achievementof final reclamation or subsidence control.
(3) For underground mines, any change in the direction orlocation of mining within the permit area or shadow area inresponse to unanticipated events.
(4) A postmining land use change other than a change describedin section 8.1(8) of this chapter.
(5) Any other change in the mining or reclamation plan that thedirector reasonably determines:
(A) will not have a significant effect:
(i) on the achievement of final reclamation plans underIC 14-34-3-12;
(ii) on subsidence control plans; and
(iii) on the surrounding area;
(B) does not involve significant delay in achieving finalreclamation or significant change in the land use; or
(C) is necessitated by unanticipated and unusually adverseweather conditions, other acts of God, strikes, or othercauses beyond the reasonable control of the permittee, if allsteps specified by the director to maximize environmentalprotection are taken.
As added by P.L.75-1998, SEC.9.
IC 14-34-5-8.3
Review and approval of nonsignificant revisions
Sec. 8.3. A nonsignificant revision in a mining or reclamationplan must be:
(1) reviewed; and
(2) approved in writing;
by the director before it may be implemented.
As added by P.L.75-1998, SEC.10.
IC 14-34-5-8.4
Minor field revision; determination and approval
Sec. 8.4. (a) For purposes of sections 7 and 8 of this chapter, aproposed revision of a permit is a minor field revision if the proposed
change:
(1) does not require technical review or design analysis; and
(2) is capable of being evaluated in the field by the director'sdesignated delegate for compliance with the requirements ofsection 7(d) of this chapter.
(b) A minor field revision may be approved by a field inspectorin an inspection report or on a form signed in the field.
(c) A minor field revision approved under this section:
(1) must be properly documented and separately filed; and
(2) may include the following:
(A) Soil stockpile location and configurations.
(B) As-built pond certifications.
(C) Minor transportation facilities changes.
(D) Any of the following for a pond:
(i) Depth.
(ii) Shape.
(iii) Orientation.
(E) An area for temporary drainage control or temporarywater storage.
(F) Equipment changes.
(G) Explosive storage areas.
(H) Minor mine management or support facility locations(except for the disposal or storage of refuse).
(I) Adding United States Natural Resources ConservationService conservation practices.
(J) Methods of erosion protection on diversions.
(K) Temporary cessation of mining.
(L) Minor diversion location changes.
As added by P.L.75-1998, SEC.11.
IC 14-34-5-8.5
Application for extension of area covered by permit
Sec. 8.5. An extension of the area covered by a permit, except foran incidental boundary revision under section 8.6 of this chapter,must be made by applying for a new permit.
As added by P.L.75-1998, SEC.12.
IC 14-34-5-8.6
Incidental boundary revision; requirements; application andapproval
Sec. 8.6. (a) For the area covered by a permit to be extended underthis section as an incidental boundary revision, all of the followingmust apply:
(1) The extension may not constitute a significant revision tothe method of conduct of mining or reclamation operationscontemplated by the original permit.
(2) The extension must be required for the orderly andcontinuous mining and reclamation operation.
(3) The extension must adjoin the permit or shadow areaacreage. (4) The extended area must be mined and reclaimed inconformity with the approved permit plans.
(5) The area of the extension may not exceed the lesser of:
(A) ten percent (10%) of the area originally covered by thepermit; or
(B) twenty (20) acres.
(b) The aggregate of all incidental boundary revisions of a permitunder this section may not exceed the area originally covered by thepermit by more than fifteen percent (15%). However, the directormay waive the limitation under this subsection if the director findsthat:
(1) all other provisions of this section are met; and
(2) the interests of the public are not adversely affected.
(c) The aggregate of all incidental boundary revisions of a permitunder this section that involve coal removal may not exceed the areaoriginally covered by the permit by more than ten percent (10%).
(d) To obtain an incidental boundary revision under this section,a permittee must submit to the director an application containing thefollowing:
(1) A statement of the size of:
(A) the original permit area; and
(B) the additional area that would be added by the boundaryrevision.
(2) A statement of the uses that:
(A) were made of the land before mining; and
(B) will be made of the land after mining.
(3) A showing that the requirements of subsection (a) are met.
(4) A map showing the additional area to be added by theboundary revision.
(5) Proof of the permittee's legal right to enter and conductsurface coal mining and reclamation operations on theadditional area to be added by the boundary revision.
(6) Any necessary plans that are not contained in the permitalready approved.
(7) A statement indicating whether any areas unsuitable formining are contained in the permit already approved.
(e) An application for an incidental boundary revision may not beapproved unless the applicant demonstrates and the director finds thefollowing:
(1) That reclamation of the area as required by this article canbe accomplished.
(2) That the application complies with all requirements of thisarticle.
(f) The director shall approve or deny an incidental boundaryrevision of a permit under this section within thirty (30) days afterthe application for the proposed boundary revision is submitted to thedirector, unless the director finds that more than thirty (30) days areneeded to adequately review the application and make the findingsrequired by subsection (e).
(g) This section does not alter the general requirements of this
article for the submission of fees and bonds.
As added by P.L.75-1998, SEC.13.
IC 14-34-5-9
Review of outstanding permits
Sec. 9. The director shall, within a time prescribed by rule, reviewoutstanding permits. The director may require reasonable revision ormodification of the permit provisions during the term of the permitif the revision or modification is based upon a written finding and issubject to the notice and hearing requirements established byIC 14-34-4.
As added by P.L.1-1995, SEC.27.
IC 14-34-5-10
Annual report
Sec. 10. A permittee must submit to the department an annualreport that reflects the status of the permittee's mining andreclamation activities for each permit. The form, content, and date offiling of the report required by this section shall be prescribed by ruleadopted under IC 4-22-2.
As added by P.L.1-1995, SEC.27. Amended by P.L.176-1995, SEC.5.
IC 14-34-5-11
Suspension or revocation of permit
Sec. 11. The director may suspend or revoke the permit of apermittee that does not revise a permit as required by the directorbefore the expiration of the time fixed to effect the revision.
As added by P.L.1-1995, SEC.27.