§ 14-34-4-7 — Approval of application; requirements

Indiana § 14-34-4-7

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 4: Permit Approval or Denial

Text

(a) The applicant has the burden of establishing
that the application complies with all the requirements of this article.
The director may not approve a permit or revision application unless
the application affirmatively demonstrates and the director finds the
following:
(1) The permit application is accurate and complete and in
compliance with all the requirements of this article.
(2) The applicant has demonstrated that reclamation as required
by this article can be accomplished under the reclamation plan
contained in the permit application.
(3) The:
(A) assessment of the probable cumulative impact of all
anticipated mining in the area on the hydrologic balance
specified in IC 14-34-3-3 has been made by the director; and
(B) proposed mining operation is designed to prevent material
damage to the hydrologic balance outside the permit area.
(4) The proposed mining area is not:
(A) included within an area designated unsuitable for surface
coal mining under IC 14-34-18-4; or
(B) within an area under study for that designation in an
administrative proceeding;
unless the applicant demonstrates that before January 1, 1977, the
applicant has made substantial legal and financial commitments
in the operation for which the applicant is applying for a permit
and is in an area where an administrative proceeding has
commenced under IC 14-34-18-4.
(5) If the private mineral estate is severed from the private surface
estate, the applicant has submitted to the director one (1) of the
following:
(A) The written consent of the surface owner to the extraction
of coal by surface mining methods.
(B) A conveyance that expressly grants or reserves the right to
extract the coal by surface mining methods. If the conveyance
does not expressly grant the right to extract coal by surface
mining methods, the surface-subsurface legal relationship shall
be determined in accordance with Indiana law.
(6) A surface coal mining operation owned or controlled by the
applicant or a person who owns or controls the applicant is not in
violation of:
(A) this article;
(B) IC 14-36-1;
(C) the federal Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 through 1328);
(D) any federal statute or regulation; or
(E) any state statute or rule enacted or adopted under federal
statute or regulation pertaining to air or water environmental
protection;
unless the applicant submits proof that an existing violation has
been appealed or corrected or is in the process of being corrected
to the satisfaction of the regulatory authority that has jurisdiction
over the violation.
(7) The applicant has, if applicable, satisfied the requirements for
approval of a long term, intensive agricultural postmining land
use.
(8) The applicant has paid all reclamation fees from previous and
existing operations as required by 30 CFR Part 870.
(9) The operation would not affect the continued existence of
endangered or threatened species or result in destruction or
adverse modification of their critical habitats, as determined
under the federal Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(10) If any part of the operation would take place in a floodway,
the operation will not:
(A) result in unreasonably detrimental effects upon the fish,
wildlife, or botanical resources;
(B) adversely affect the efficiency; or
(C) unduly restrict the capacity;
of the floodway.
(b) The director shall make the findings required by subsection (a)
in writing and available to the applicant. The director may base the
findings on information set forth in the application or from information
otherwise available. The director shall set forth in the written approval
or denial the basis of the director's findings.
[Pre-1995 Recodification Citation: 13-4.1-4-3(a),
(b).]

Legislative History

As added by P.L.1-1995, SEC.27.