§ 14-34-3-3 — Application requirements; contents

Indiana § 14-34-3-3

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 3: Permit Requirements

Text

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.
(D) Any purchaser of record of the property under a real estate
contract.
(E) The operator if the operator is a person different from the
applicant.
(F) If a person in clauses (A) through (E) is a business entity
other than a single proprietor, the names and addresses of the
principals, officers, and resident agent.
(2) The names and addresses of the owners of record of all
surface and subsurface areas adjacent to any part of the permit
area.
(3) A statement of each current or previous surface coal mining
permit in the United States held by the applicant, including each
pending application, the permit identification, and the state that
issued that permit or holds the pending application.
(4) If the applicant is a partnership, a corporation, an association,
or other business entity, the following where applicable:
(A) The names and addresses of every officer, partner, or
director or person performing a function similar to a director of
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, or
principal shareholder previously operated a surface coal mining
operation within the United States within:
(i) the five (5) years preceding the date of submission of the
application; or
(ii) any additional period that the director establishes.
(5) A statement of whether the applicant or a subsidiary, an
affiliate, or a person controlled by or under common control with
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 of the
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 lieu of
bond forfeited;
and if so, a brief explanation of the facts involved and
identification of the state in which this action occurred.
(6) A copy of the applicant's advertisement to be published under
IC 14-34-4-1. The advertisement must include the following:
(A) The names of the property owners involved.
(B) A description of the exact location and boundaries of the
proposed site sufficient so that the proposed surface coal
mining operation is readily locatable by local residents.
(C) The location where the application is available for public
inspection.
(7) A description of the following:
(A) The type and method of surface coal mining operation that
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 of
each phase of the surface coal mining operation and the number
of acres of land to be affected.
(9) An accurate map or plan, to an appropriate scale, clearly
showing 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 the
applicant has the legal right to enter and commence surface
coal mining operations, including the following:
(i) A statement of those documents upon which the applicant
bases the applicant's legal right to enter and commence
surface coal mining operations on the area affected.
(ii) Whether that right is the subject of pending court
litigation.
(10) The name of the watershed and location of the surface stream
or tributary into which surface and pit drainage will be
discharged.
(11) A determination of the probable hydrologic consequences of
surface coal mining and reclamation operations, both on and off
the mine site, with respect to the following:
(A) The hydrologic regime.
(B) The quantity and quality of water in surface and ground
water systems, including the dissolved and suspended solids
under seasonal flow conditions.
(C) The collection of sufficient data for the mine site and
surrounding areas so that an assessment can be made of the
probable cumulative impacts of all anticipated mining in the
area upon the hydrology of the area and particularly upon water
availability.
However, this determination is not required until the time that
hydrologic information on the general area before mining is made
available from an appropriate federal or state agency. The permit
may not be approved until the information is available and is
incorporated into the application.
(12) When requested by the director, the climatological factors
that 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 the
land affected on the date of application and the same information
that is set forth on topographical maps of the United States
Geological Survey of a scale of 1:24,000 or 1:25,000 or larger,
including all manmade features and archeological and historical
sites known by the division of historic preservation and
archeology. The map or plan must show the following:
(A) All boundaries of the land to be affected.
(B) The boundary lines and names of present owners of record
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 the
direction of and certified by an engineer licensed under IC 25-31
or a geologist licensed under IC 25-17.6 with assistance from
experts in related fields such as land surveying and landscape
architecture. The maps or plans must show pertinent elevation
and location of test borings or core samplings and depict the
following:
(A) The nature and depth of the various strata of overburden as
required by the commission in the commission's rules.
(B) The location and quality of subsurface water if encountered.
(C) The nature and thickness of each coal or rider seam above
the coal seam to be mined.
(D) The nature of the stratum immediately beneath the coal
seam to be mined.
(E) All mineral crop lines and the strike and dip of the coal to
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 each
underground coal mine, including mine openings to the surface.
(H) The location of aquifers as required by the commission in
the commission's rules.
(I) The estimated elevation of the water table.
(J) The location of spoil, waste, or refuse areas and topsoil
preservation areas.
(K) The location of all impoundments for waste or erosion
control.
(L) Each settling or water treatment facility.
(M) Constructed or natural drainageways and the location of
each discharge to a surface body of water on the area of land to
be affected or adjacent to the land to be affected.
(N) Profiles at appropriate cross sections of the anticipated final
surface configuration that will be achieved under the operator's
proposed reclamation plan.
(15) A statement of the result of test borings or core samplings
from the permit area, including the following:
(A) Logs of the drill holes.
(B) The thickness of the coal seam found and an analysis of the
chemical properties of that coal.
(C) The sulfur content of each coal seam.
(D) Chemical analysis of potentially acid or toxic forming
sections of the overburden.
(E) A chemical analysis down to and including the deeper of
the following:
(i) The stratum lying immediately underneath the lowest coal
seam to be mined.
(ii) An aquifer below the lowest coal seam to be mined that
may be adversely impacted by mining.
The director may waive the requirement as to the specific
application of this clause if the director determines in writing
the requirements are unnecessary.
(16) For the land in the permit application that a reconnaissance
inspection suggests may be prime farmland and to confirm the
exact location of the prime farmland, a soil survey in accordance
with the standards established by the United States Secretary of
Agriculture.
(17) A reclamation plan that meets the requirements of section 12
of this chapter.
(18) Proof that the applicant is self-insured or has a public
liability insurance policy issued by an insurance company
authorized to do business in Indiana in force for the surface coal
mining and reclamation operations for which the permit is sought.
The policy must provide for personal injury and property damage
protection in an amount adequate to compensate each person
injured as a result of the surface coal mining and reclamation
operation. If a permit is granted, the permittee shall maintain the
policy in full force and effect for the duration of the permit or a
renewal.
(19) A blasting plan that outlines the procedures the operator will
use to comply with IC 14-34-12.
(20) A listing of all notices of violations, and their final
resolution, 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 to a
federal statute or regulation;
pertaining to air or water environmental protection;
incurred by the applicant or a subsidiary, an affiliate, or a person
controlled by or under common control with the applicant in
connection with any surface coal mining operation during the
three (3) year period before the date of application.
[Pre-1995 Recodification Citations: 13-4.1-1-3(7) part;
13-4.1-3-3(a).]

Legislative History

As added by P.L.1-1995, SEC.27. Amended by P.L.2-1997, SEC.54; P.L.17-1999, SEC.1.