§ 14-34-4-9 — Mining of prime farmland

(a) This section does not apply to an existing
surface coal mining operation that held a valid permit on August 3,
1977, with continuous permits since that date.
(b) In addition to finding the application in compliance with section
7 of this chapter, if the proposed mining area contains prime farmland
under IC 14-34-3-3(16), the director shall, after consultation with the
United States Secretary of Agriculture and under rules adopted by the
commission, grant a permit to mine on prime farmland if the director
finds in writing that the operator has the technological capability to
restore the mined area, within a reasonable time, to equivalent or
higher levels of yield as nonmined prime farmland in the surrounding
area under equivalent levels of management and can meet the soil
reconstruction standards in IC 14-34-10-2(b)(10).
[Pre-1995 Recodification Citation: 13-4.1-4-3(d).]

Legislative History

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