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 period
exceeding five (5) years if the following conditions are met:
(1) The applicant demonstrates that a specified longer period is
reasonably needed to obtain necessary financing for equipment
and the opening of the operation.
(2) The application is full and complete for the specified longer
period.
(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 period
exceeding five (5) years is warranted under subsection (b)(1), the
director 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 rights
granted 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 of
succeeding to the interest; and
(2) obtains the bond coverage of the original permittee;
may continue the surface coal mining and reclamation operations
according to the approved mining and reclamation plan of the
original permittee until the successor's application is granted or
denied. 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 not
commenced the surface coal mining and reclamation operations
covered by the permit within three (3) years of the date of issuance
of the permit. With respect to coal to be mined for use in a synthetic
fuel facility or a specific major electric generating facility, the
permittee's surface mining operation commences when construction
of the synthetic fuel or generating facility is initiated.
(b) The director may grant a reasonable extension of time to the
requirement of subsection (a) upon a showing that an extension is
necessary 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 under
subsection (b) may not extend beyond the period allowed for diligent
development in accordance with the federal Mineral Leasing Act, as
amended (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 for
renewal of a permit for a period not to exceed the validity period
provided for in section 1 of this chapter.
(b) After compliance with IC 14-34-4-1 through IC 14-34-4-6 and
IC 14-34-4-11, the director shall issue a renewal permit for the area
within the existing permit unless it is established by opponents of the
permit renewal and written findings are made by the director that any
of the following conditions exist:
(1) The terms and conditions of the existing permit were not
satisfactorily met.
(2) The present surface coal mining and reclamation operation
does not comply with IC 14-34-10.
(3) The renewal request substantially jeopardizes the operator's
continuing responsibility on existing permit areas.
(4) The operator has not provided evidence that the
performance bond in effect for the operation will continue in
full force and effect for a renewal requested in the application
as well as an additional bond the director requires under
IC 14-34-6.
(5) The permittee has not provided the director with required
additional revised or updated information.
(c) If an application for renewal of a valid permit includes a
proposal to extend the surface coal mining and reclamation operation
beyond the boundaries authorized in the existing permit, the part of
the application for renewal that addresses new land areas is subject
to 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 may
submit an application for a revision of the permit, together with a
revised reclamation plan, to the director. However, except for
incidental boundary revisions, a new permit is required for any
extensions to the permit area.
(b) The director may not approve an application for a permit
revision unless the director finds the following:
(1) Reclamation required by this article can be accomplished
under 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 of
the scale or extent of a revision request for which all permit
application 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 the
approved mining and reclamation plans that would adversely affect
the permittee's compliance with this article is a permit revision
subject to review and approval as provided in this section and
sections 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 this
chapter;
(2) a nonsignificant revision subject to sections 8.2 and 8.3 of
this 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 permittee
demonstrates and the director or the director's designated
representative finds the following:
(1) That reclamation as required by this article and by the rules
adopted by the commission under IC 14-34-2-1 can be
accomplished.
(2) That applicable requirements of IC 14-34-4-7 that are
pertinent to the permit revision are met.
(3) That the permit revision complies with all applicable
requirements of this article and the rules adopted by the
commission 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 submitted
under section 5 of this chapter is based only on nonsignificant
revisions or minor field revisions, the application may be approved
only after the notice and hearing requirements of this article for
issuance of a permit have been fulfilled.
(b) The director may impose other conditions for approval of the
application. 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, a
proposed revision of a permit is significant if any of the following
conditions exists:
(1) The changes may result in an adverse impact beyond that
previously considered, affecting cultural resources that are
listed on or eligible to be listed on:
(A) the National Register of Historic Places; or
(B) the register of Indiana historic sites and historic
structures established under IC 14-21-1.
(2) Blasting will be used in a manner that is likely to cause
adverse impacts beyond that previously considered to persons
or property outside the permit area.
(3) The changes may result in an adverse impact beyond that
previously considered, affecting a water supply to which
IC 14-25-4 applies.
(4) The changes:
(A) require the identification, disturbance, or handling of
toxic forming or acid forming materials different from those
previously considered; and
(B) have the potential for causing an additional impact not
previously considered.
(5) The changes may result in an adverse impact on fish,
wildlife, and related environmental values beyond that
previously 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 impact
not previously considered, except that the addition of a
temporary coal processing facility used exclusively for crushing
and screening need not be considered a significant revision.
(7) The changes will cause:
(A) a new or an updated probable hydrologic consequences
determination; or
(B) a cumulative hydrologic impact analysis to be required
under IC 14-34-3-3.
(8) A postmining land use will be changed to any of the
following:
(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 size
criteria 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, a
proposed permit revision is nonsignificant if any of the following
conditions 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 same
purpose, the use of which is not detrimental to the achievement
of final reclamation or subsidence control.
(3) For underground mines, any change in the direction or
location of mining within the permit area or shadow area in
response to unanticipated events.
(4) A postmining land use change other than a change described
in section 8.1(8) of this chapter.
(5) Any other change in the mining or reclamation plan that the
director reasonably determines:
(A) will not have a significant effect:
(i) on the achievement of final reclamation plans under
IC 14-34-3-12;
(ii) on subsidence control plans; and
(iii) on the surrounding area;
(B) does not involve significant delay in achieving final
reclamation or significant change in the land use; or
(C) is necessitated by unanticipated and unusually adverse
weather conditions, other acts of God, strikes, or other
causes beyond the reasonable control of the permittee, if all
steps specified by the director to maximize environmental
protection 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 reclamation
plan 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, a
proposed 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's
designated delegate for compliance with the requirements of
section 7(d) of this chapter.
(b) A minor field revision may be approved by a field inspector
in 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 temporary
water 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 Conservation
Service 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 for
an 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 and
approval
Sec. 8.6. (a) For the area covered by a permit to be extended under
this section as an incidental boundary revision, all of the following
must apply:
(1) The extension may not constitute a significant revision to
the method of conduct of mining or reclamation operations
contemplated by the original permit.
(2) The extension must be required for the orderly and
continuous mining and reclamation operation.
(3) The extension must adjoin the permit or shadow area
acreage.
(4) The extended area must be mined and reclaimed in
conformity 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 the
permit; or
(B) twenty (20) acres.
(b) The aggregate of all incidental boundary revisions of a permit
under this section may not exceed the area originally covered by the
permit by more than fifteen percent (15%). However, the director
may waive the limitation under this subsection if the director finds
that:
(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 permit
under this section that involve coal removal may not exceed the area
originally 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 the
following:
(1) A statement of the size of:
(A) the original permit area; and
(B) the additional area that would be added by the boundary
revision.
(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 the
boundary revision.
(5) Proof of the permittee's legal right to enter and conduct
surface coal mining and reclamation operations on the
additional area to be added by the boundary revision.
(6) Any necessary plans that are not contained in the permit
already approved.
(7) A statement indicating whether any areas unsuitable for
mining are contained in the permit already approved.
(e) An application for an incidental boundary revision may not be
approved unless the applicant demonstrates and the director finds the
following:
(1) That reclamation of the area as required by this article can
be accomplished.
(2) That the application complies with all requirements of this
article.
(f) The director shall approve or deny an incidental boundary
revision of a permit under this section within thirty (30) days after
the application for the proposed boundary revision is submitted to the
director, unless the director finds that more than thirty (30) days are
needed to adequately review the application and make the findings
required 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, review
outstanding permits. The director may require reasonable revision or
modification of the permit provisions during the term of the permit
if the revision or modification is based upon a written finding and is
subject to the notice and hearing requirements established by
IC 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 annual
report that reflects the status of the permittee's mining and
reclamation activities for each permit. The form, content, and date of
filing of the report required by this section shall be prescribed by rule
adopted 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 a
permittee that does not revise a permit as required by the director
before the expiration of the time fixed to effect the revision. As added by P.L.1-1995, SEC.27.
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 period
exceeding five (5) years if the following conditions are met:
(1) The applicant demonstrates that a specified longer period is
reasonably needed to obtain necessary financing for equipment
and the opening of the operation.
(2) The application is full and complete for the specified longer
period.
(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 period
exceeding five (5) years is warranted under subsection (b)(1), the
director 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 rights
granted 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 of
succeeding to the interest; and
(2) obtains the bond coverage of the original permittee;
may continue the surface coal mining and reclamation operations
according to the approved mining and reclamation plan of the
original permittee until the successor's application is granted or
denied. 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 not
commenced the surface coal mining and reclamation operations
covered by the permit within three (3) years of the date of issuance
of the permit. With respect to coal to be mined for use in a synthetic
fuel facility or a specific major electric generating facility, the
permittee's surface mining operation commences when construction
of the synthetic fuel or generating facility is initiated.
(b) The director may grant a reasonable extension of time to the
requirement of subsection (a) upon a showing that an extension is
necessary 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 under
subsection (b) may not extend beyond the period allowed for diligent
development in accordance with the federal Mineral Leasing Act, as
amended (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 for
renewal of a permit for a period not to exceed the validity period
provided for in section 1 of this chapter.
(b) After compliance with IC 14-34-4-1 through IC 14-34-4-6 and
IC 14-34-4-11, the director shall issue a renewal permit for the area
within the existing permit unless it is established by opponents of the
permit renewal and written findings are made by the director that any
of the following conditions exist:
(1) The terms and conditions of the existing permit were not
satisfactorily met.
(2) The present surface coal mining and reclamation operation
does not comply with IC 14-34-10.
(3) The renewal request substantially jeopardizes the operator's
continuing responsibility on existing permit areas.
(4) The operator has not provided evidence that the
performance bond in effect for the operation will continue in
full force and effect for a renewal requested in the application
as well as an additional bond the director requires under
IC 14-34-6.
(5) The permittee has not provided the director with required
additional revised or updated information.
(c) If an application for renewal of a valid permit includes a
proposal to extend the surface coal mining and reclamation operation
beyond the boundaries authorized in the existing permit, the part of
the application for renewal that addresses new land areas is subject
to 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 may
submit an application for a revision of the permit, together with a
revised reclamation plan, to the director. However, except for
incidental boundary revisions, a new permit is required for any
extensions to the permit area.
(b) The director may not approve an application for a permit
revision unless the director finds the following:
(1) Reclamation required by this article can be accomplished
under 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 of
the scale or extent of a revision request for which all permit
application 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 the
approved mining and reclamation plans that would adversely affect
the permittee's compliance with this article is a permit revision
subject to review and approval as provided in this section and
sections 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 this
chapter;
(2) a nonsignificant revision subject to sections 8.2 and 8.3 of
this 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 permittee
demonstrates and the director or the director's designated
representative finds the following:
(1) That reclamation as required by this article and by the rules
adopted by the commission under IC 14-34-2-1 can be
accomplished.
(2) That applicable requirements of IC 14-34-4-7 that are
pertinent to the permit revision are met.
(3) That the permit revision complies with all applicable
requirements of this article and the rules adopted by the
commission 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 submitted
under section 5 of this chapter is based only on nonsignificant
revisions or minor field revisions, the application may be approved
only after the notice and hearing requirements of this article for
issuance of a permit have been fulfilled.
(b) The director may impose other conditions for approval of the
application. 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, a
proposed revision of a permit is significant if any of the following
conditions exists:
(1) The changes may result in an adverse impact beyond that
previously considered, affecting cultural resources that are
listed on or eligible to be listed on:
(A) the National Register of Historic Places; or
(B) the register of Indiana historic sites and historic
structures established under IC 14-21-1.
(2) Blasting will be used in a manner that is likely to cause
adverse impacts beyond that previously considered to persons
or property outside the permit area.
(3) The changes may result in an adverse impact beyond that
previously considered, affecting a water supply to which
IC 14-25-4 applies.
(4) The changes:
(A) require the identification, disturbance, or handling of
toxic forming or acid forming materials different from those
previously considered; and
(B) have the potential for causing an additional impact not
previously considered.
(5) The changes may result in an adverse impact on fish,
wildlife, and related environmental values beyond that
previously 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 impact
not previously considered, except that the addition of a
temporary coal processing facility used exclusively for crushing
and screening need not be considered a significant revision.
(7) The changes will cause:
(A) a new or an updated probable hydrologic consequences
determination; or
(B) a cumulative hydrologic impact analysis to be required
under IC 14-34-3-3.
(8) A postmining land use will be changed to any of the
following:
(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 size
criteria 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, a
proposed permit revision is nonsignificant if any of the following
conditions 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 same
purpose, the use of which is not detrimental to the achievement
of final reclamation or subsidence control.
(3) For underground mines, any change in the direction or
location of mining within the permit area or shadow area in
response to unanticipated events.
(4) A postmining land use change other than a change described
in section 8.1(8) of this chapter.
(5) Any other change in the mining or reclamation plan that the
director reasonably determines:
(A) will not have a significant effect:
(i) on the achievement of final reclamation plans under
IC 14-34-3-12;
(ii) on subsidence control plans; and
(iii) on the surrounding area;
(B) does not involve significant delay in achieving final
reclamation or significant change in the land use; or
(C) is necessitated by unanticipated and unusually adverse
weather conditions, other acts of God, strikes, or other
causes beyond the reasonable control of the permittee, if all
steps specified by the director to maximize environmental
protection 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 reclamation
plan 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, a
proposed 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's
designated delegate for compliance with the requirements of
section 7(d) of this chapter.
(b) A minor field revision may be approved by a field inspector
in 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 temporary
water 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 Conservation
Service 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 for
an 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 and
approval
Sec. 8.6. (a) For the area covered by a permit to be extended under
this section as an incidental boundary revision, all of the following
must apply:
(1) The extension may not constitute a significant revision to
the method of conduct of mining or reclamation operations
contemplated by the original permit.
(2) The extension must be required for the orderly and
continuous mining and reclamation operation.
(3) The extension must adjoin the permit or shadow area
acreage.
(4) The extended area must be mined and reclaimed in
conformity 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 the
permit; or
(B) twenty (20) acres.
(b) The aggregate of all incidental boundary revisions of a permit
under this section may not exceed the area originally covered by the
permit by more than fifteen percent (15%). However, the director
may waive the limitation under this subsection if the director finds
that:
(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 permit
under this section that involve coal removal may not exceed the area
originally 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 the
following:
(1) A statement of the size of:
(A) the original permit area; and
(B) the additional area that would be added by the boundary
revision.
(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 the
boundary revision.
(5) Proof of the permittee's legal right to enter and conduct
surface coal mining and reclamation operations on the
additional area to be added by the boundary revision.
(6) Any necessary plans that are not contained in the permit
already approved.
(7) A statement indicating whether any areas unsuitable for
mining are contained in the permit already approved.
(e) An application for an incidental boundary revision may not be
approved unless the applicant demonstrates and the director finds the
following:
(1) That reclamation of the area as required by this article can
be accomplished.
(2) That the application complies with all requirements of this
article.
(f) The director shall approve or deny an incidental boundary
revision of a permit under this section within thirty (30) days after
the application for the proposed boundary revision is submitted to the
director, unless the director finds that more than thirty (30) days are
needed to adequately review the application and make the findings
required 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, review
outstanding permits. The director may require reasonable revision or
modification of the permit provisions during the term of the permit
if the revision or modification is based upon a written finding and is
subject to the notice and hearing requirements established by
IC 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 annual
report that reflects the status of the permittee's mining and
reclamation activities for each permit. The form, content, and date of
filing of the report required by this section shall be prescribed by rule
adopted 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 a
permittee that does not revise a permit as required by the director
before the expiration of the time fixed to effect the revision. As added by P.L.1-1995, SEC.27.
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 period
exceeding five (5) years if the following conditions are met:
(1) The applicant demonstrates that a specified longer period is
reasonably needed to obtain necessary financing for equipment
and the opening of the operation.
(2) The application is full and complete for the specified longer
period.
(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 period
exceeding five (5) years is warranted under subsection (b)(1), the
director 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 rights
granted 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 of
succeeding to the interest; and
(2) obtains the bond coverage of the original permittee;
may continue the surface coal mining and reclamation operations
according to the approved mining and reclamation plan of the
original permittee until the successor's application is granted or
denied. 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 not
commenced the surface coal mining and reclamation operations
covered by the permit within three (3) years of the date of issuance
of the permit. With respect to coal to be mined for use in a synthetic
fuel facility or a specific major electric generating facility, the
permittee's surface mining operation commences when construction
of the synthetic fuel or generating facility is initiated.
(b) The director may grant a reasonable extension of time to the
requirement of subsection (a) upon a showing that an extension is
necessary 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 under
subsection (b) may not extend beyond the period allowed for diligent
development in accordance with the federal Mineral Leasing Act, as
amended (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 for
renewal of a permit for a period not to exceed the validity period
provided for in section 1 of this chapter.
(b) After compliance with IC 14-34-4-1 through IC 14-34-4-6 and
IC 14-34-4-11, the director shall issue a renewal permit for the area
within the existing permit unless it is established by opponents of the
permit renewal and written findings are made by the director that any
of the following conditions exist:
(1) The terms and conditions of the existing permit were not
satisfactorily met.
(2) The present surface coal mining and reclamation operation
does not comply with IC 14-34-10.
(3) The renewal request substantially jeopardizes the operator's
continuing responsibility on existing permit areas.
(4) The operator has not provided evidence that the
performance bond in effect for the operation will continue in
full force and effect for a renewal requested in the application
as well as an additional bond the director requires under
IC 14-34-6.
(5) The permittee has not provided the director with required
additional revised or updated information.
(c) If an application for renewal of a valid permit includes a
proposal to extend the surface coal mining and reclamation operation
beyond the boundaries authorized in the existing permit, the part of
the application for renewal that addresses new land areas is subject
to 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 may
submit an application for a revision of the permit, together with a
revised reclamation plan, to the director. However, except for
incidental boundary revisions, a new permit is required for any
extensions to the permit area.
(b) The director may not approve an application for a permit
revision unless the director finds the following:
(1) Reclamation required by this article can be accomplished
under 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 of
the scale or extent of a revision request for which all permit
application 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 the
approved mining and reclamation plans that would adversely affect
the permittee's compliance with this article is a permit revision
subject to review and approval as provided in this section and
sections 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 this
chapter;
(2) a nonsignificant revision subject to sections 8.2 and 8.3 of
this 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 permittee
demonstrates and the director or the director's designated
representative finds the following:
(1) That reclamation as required by this article and by the rules
adopted by the commission under IC 14-34-2-1 can be
accomplished.
(2) That applicable requirements of IC 14-34-4-7 that are
pertinent to the permit revision are met.
(3) That the permit revision complies with all applicable
requirements of this article and the rules adopted by the
commission 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 submitted
under section 5 of this chapter is based only on nonsignificant
revisions or minor field revisions, the application may be approved
only after the notice and hearing requirements of this article for
issuance of a permit have been fulfilled.
(b) The director may impose other conditions for approval of the
application. 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, a
proposed revision of a permit is significant if any of the following
conditions exists:
(1) The changes may result in an adverse impact beyond that
previously considered, affecting cultural resources that are
listed on or eligible to be listed on:
(A) the National Register of Historic Places; or
(B) the register of Indiana historic sites and historic
structures established under IC 14-21-1.
(2) Blasting will be used in a manner that is likely to cause
adverse impacts beyond that previously considered to persons
or property outside the permit area.
(3) The changes may result in an adverse impact beyond that
previously considered, affecting a water supply to which
IC 14-25-4 applies.
(4) The changes:
(A) require the identification, disturbance, or handling of
toxic forming or acid forming materials different from those
previously considered; and
(B) have the potential for causing an additional impact not
previously considered.
(5) The changes may result in an adverse impact on fish,
wildlife, and related environmental values beyond that
previously 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 impact
not previously considered, except that the addition of a
temporary coal processing facility used exclusively for crushing
and screening need not be considered a significant revision.
(7) The changes will cause:
(A) a new or an updated probable hydrologic consequences
determination; or
(B) a cumulative hydrologic impact analysis to be required
under IC 14-34-3-3.
(8) A postmining land use will be changed to any of the
following:
(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 size
criteria 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, a
proposed permit revision is nonsignificant if any of the following
conditions 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 same
purpose, the use of which is not detrimental to the achievement
of final reclamation or subsidence control.
(3) For underground mines, any change in the direction or
location of mining within the permit area or shadow area in
response to unanticipated events.
(4) A postmining land use change other than a change described
in section 8.1(8) of this chapter.
(5) Any other change in the mining or reclamation plan that the
director reasonably determines:
(A) will not have a significant effect:
(i) on the achievement of final reclamation plans under
IC 14-34-3-12;
(ii) on subsidence control plans; and
(iii) on the surrounding area;
(B) does not involve significant delay in achieving final
reclamation or significant change in the land use; or
(C) is necessitated by unanticipated and unusually adverse
weather conditions, other acts of God, strikes, or other
causes beyond the reasonable control of the permittee, if all
steps specified by the director to maximize environmental
protection 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 reclamation
plan 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, a
proposed 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's
designated delegate for compliance with the requirements of
section 7(d) of this chapter.
(b) A minor field revision may be approved by a field inspector
in 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 temporary
water 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 Conservation
Service 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 for
an 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 and
approval
Sec. 8.6. (a) For the area covered by a permit to be extended under
this section as an incidental boundary revision, all of the following
must apply:
(1) The extension may not constitute a significant revision to
the method of conduct of mining or reclamation operations
contemplated by the original permit.
(2) The extension must be required for the orderly and
continuous mining and reclamation operation.
(3) The extension must adjoin the permit or shadow area
acreage.
(4) The extended area must be mined and reclaimed in
conformity 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 the
permit; or
(B) twenty (20) acres.
(b) The aggregate of all incidental boundary revisions of a permit
under this section may not exceed the area originally covered by the
permit by more than fifteen percent (15%). However, the director
may waive the limitation under this subsection if the director finds
that:
(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 permit
under this section that involve coal removal may not exceed the area
originally 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 the
following:
(1) A statement of the size of:
(A) the original permit area; and
(B) the additional area that would be added by the boundary
revision.
(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 the
boundary revision.
(5) Proof of the permittee's legal right to enter and conduct
surface coal mining and reclamation operations on the
additional area to be added by the boundary revision.
(6) Any necessary plans that are not contained in the permit
already approved.
(7) A statement indicating whether any areas unsuitable for
mining are contained in the permit already approved.
(e) An application for an incidental boundary revision may not be
approved unless the applicant demonstrates and the director finds the
following:
(1) That reclamation of the area as required by this article can
be accomplished.
(2) That the application complies with all requirements of this
article.
(f) The director shall approve or deny an incidental boundary
revision of a permit under this section within thirty (30) days after
the application for the proposed boundary revision is submitted to the
director, unless the director finds that more than thirty (30) days are
needed to adequately review the application and make the findings
required 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, review
outstanding permits. The director may require reasonable revision or
modification of the permit provisions during the term of the permit
if the revision or modification is based upon a written finding and is
subject to the notice and hearing requirements established by
IC 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 annual
report that reflects the status of the permittee's mining and
reclamation activities for each permit. The form, content, and date of
filing of the report required by this section shall be prescribed by rule
adopted 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 a
permittee that does not revise a permit as required by the director
before the expiration of the time fixed to effect the revision. As added by P.L.1-1995, SEC.27.
