Sec. 1. A person may not open, develop, or operate a new or previously mined or abandoned site for surface coal mining operations in Indiana without holding a valid surface coal mining and reclamation permit. [Pre-1995 Recodification Citation: 13-4.1-3-1.] As added by P.L.1-1995, SEC.27.
Sec. 10. (a) The director may require a permit applicant to submit additional information concerning the identity, location, and nature of archeological and historic sites in or within one thousand (1,000) feet of the permit area in accordance with rules adopted by the commission to implement this section. (b) In the rules implementing this section, […]
Sec. 11. (a) Whenever the department has assumed the cost of a test or determination required by section 5 of this chapter, the operator for whom the costs were assumed shall reimburse the department for the costs if any of the following conditions exist: (1) The actual and attributed annual coal production of the operator […]
Sec. 12. (a) Each reclamation plan submitted as part of a permit application as required by section 3 of this chapter must include the following, in the degree of detail necessary to demonstrate that reclamation required by this article can be accomplished: (1) The: (A) identification of land subject to surface coal mining operations over […]
Sec. 13. To encourage advances in coal mining and reclamation practices or to allow postmining land use for industrial, commercial, residential, recreational, or public use, the director may, with the approval of the United States Secretary of the Interior, permit departures in individual cases from the standards established in IC 14-34-10 and IC 14-34-11. The […]
Sec. 14. The director shall, to avoid duplication, provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with applicable requirements of the 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 […]
Sec. 2. A person must make application for a surface coal mining and reclamation permit to the director on a form prescribed by the director. [Pre-1995 Recodification Citation: 13-4.1-3-2(a).] As added by P.L.1-1995, SEC.27.
Sec. 3. An application for a surface coal mining and reclamation permit 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 and mineral) to be mined. (C) The holders of record of any leasehold interest in the property. […]
Sec. 4. The information required by section 3 of this chapter pertaining to coal seams, test borings, core samplings, or soil samples is available for inspection by any person with an interest that is or may be adversely affected by the surface coal mining and reclamation operation. However, the information that pertains only to the […]
Sec. 5. Upon the written request of the operator and if the director finds that the probable total annual production at all locations of a surface coal mining operator will not exceed three hundred thousand (300,000) tons, a qualified public or private laboratory designated by the director shall determine the probable hydrologic consequences and the […]
Sec. 6. Each applicant for a surface coal mining and reclamation permit, amendment, transfer, or renewal shall file an entire copy of the application, except for the information pertaining to the coal seam, for public inspection in the main public library in the county in which the proposed mining operation is located or in an […]
Sec. 7. An applicant must pay a filing fee of fifty dollars ($50). [Pre-1995 Recodification Citation: 13-4.1-3-3(d) part.] As added by P.L.1-1995, SEC.27.
Sec. 8. An application remains on file until thirty (30) days after the director’s final decision on the application, at which time the applicant may remove the application. [Pre-1995 Recodification Citation: 13-4.1-3-3(e).] As added by P.L.1-1995, SEC.27.
Sec. 9. An accurate and complete copy of an application, except as provided in section 4 of this chapter, must: (1) remain on file at the office of the division of reclamation nearest the mining operation; and (2) be available for public inspection and copying at reasonable charge during normal business hours. [Pre-1995 Recodification Citation: […]
