Indiana § 14-34-5-8.1 Significant revision; determination

Indiana Statutes

§ 14-34-5-8.1 — Significant revision; determination

Indiana § 14-34-5-8.1

Art. 34SURFACE COAL MINING AND RECLAMATION

Ch. 5Permit Terms

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Bluebook

Ind. Code § 14-34-5-8.1 (2026).

Text

1. For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is significant if any of the following conditions exists:

(1)The changes may result in an adverse impact beyond that previously considered, affecting cultural resources that are listed on or eligible to be listed on:

(A)the National Register of Historic Places; or

(B)the register of Indiana historic sites and historic structures established under IC 14-21-1.

(2)Blasting will be used in a manner that is likely to cause adverse impacts beyond that previously considered to persons or property outside the permit area.

(3)The changes may result in an adverse impact beyond that previously considered, affecting a water supply to which IC 14-25-4 applies.

(4)The changes:

(A)require the identification, distu

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1. For purposes of sections 7 and 8 of this
chapter, a proposed revision of a permit is significant if any of the
following conditions exists:
(1) The changes may result in an adverse impact beyond that
previously considered, affecting cultural resources that are listed
on or eligible to be listed on:
(A) the National Register of Historic Places; or
(B) the register of Indiana historic sites and historic structures
established under IC 14-21-1.
(2) Blasting will be used in a manner that is likely to cause
adverse impacts beyond that previously considered to persons or
property outside the permit area.
(3) The changes may result in an adverse impact beyond that
previously considered, affecting a water supply to which IC 14-25-4 applies.
(4) The changes:
(A) require the identification, disturbance, or handling of toxic
forming or acid forming materials different from those
previously considered; and
(B) have the potential for causing an additional impact not
previously considered.
(5) The changes may result in an adverse impact on fish, wildlife,
and related environmental values beyond that previously
considered.
(6) The addition of:
(A) a coal processing facility; or
(B) a permanent support facility;
is proposed, and the addition of the facility will cause an impact
not previously considered, except that the addition of a temporary
coal processing facility used exclusively for crushing and
screening need not be considered a significant revision.
(7) The changes will cause:
(A) a new or an updated probable hydrologic consequences
determination; or
(B) a cumulative hydrologic impact analysis to be required
under IC 14-34-3-3.
(8) A postmining land use will be changed to any of the
following:
(A) A residential land use.
(B) A commercial or industrial land use.
(C) A recreational land use.
(D) Developed water resources as defined in rules adopted by
the commission under IC 14-34-2-1 that meet the size criteria
of 30 CFR 77.216(a).