Sec. 1. This chapter does not apply to the following: (1) Land on which surface coal mining operations were conducted: (A) on August 3, 1977; or (B) under a permit issued under: (i) IC 13-4.1 (before its repeal); or (ii) this article. (2) Land where substantial legal and financial commitments in a surface coal mining […]
Sec. 2. As used in this chapter, “substantial legal and financial commitments in a surface coal mining operation” means significant investments that have been made on the basis of a long term coal contract in power plants, railroads, coal handling facilities, preparation facilities, extraction facilities, or storage facilities and other capital intensive activities, such as […]
Sec. 3. (a) Subject to valid existing rights that existed before August 3, 1977, and except for those operations that existed on August 3, 1977, and as provided in subsection (c), a surface coal mining operation may not exist under any of the following conditions: (1) On land within the boundaries of units of the […]
Sec. 4. (a) A person with an interest that is or may be adversely affected may petition the director to: (1) designate an area as unsuitable for surface coal mining operations; or (2) have the designation terminated. The petition must contain allegations of facts with supporting evidence that tends to establish the allegations. (b) Within […]
Sec. 5. Before designating a land area as unsuitable for surface coal mining operations, the director shall prepare a detailed statement on the following: (1) The potential coal resources of the area. (2) The demand for coal resources. (3) The impact of the designation on the following: (A) The environment. (B) The economy. (C) The […]
Sec. 6. (a) The director may designate an area as unsuitable for coal mining if the designation is based on competent and scientifically sound data. (b) The director may designate an area as unsuitable for certain types of coal mining operations if the operation will: (1) be incompatible with existing state or local land use […]
