§ 14-34-5-8.2 — Nonsignificant revision; determination

Indiana § 14-34-5-8.2

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 5: Permit Terms

Text

2. For purposes of sections 7, 8, and 8.3 of
this chapter, a proposed permit revision is nonsignificant if any of the
following conditions exist:
(1) For surface mines, changes of the:
(A) direction of mining; or
(B) location of mining equipment;
within the permit area.
(2) The substitution of mining equipment designed for the same
purpose, the use of which is not detrimental to the achievement of
final reclamation or subsidence control.
(3) For underground mines, any change in the direction or
location of mining within the permit area or shadow area in
response to unanticipated events.
(4) A postmining land use change other than a change described
in section 8.1(8) of this chapter.
(5) Any other change in the mining or reclamation plan that the
director reasonably determines:
(A) will not have a significant effect:
(i) on the achievement of final reclamation plans under IC 14-34-3-12;
(ii) on subsidence control plans; and
(iii) on the surrounding area;
(B) does not involve significant delay in achieving final
reclamation or significant change in the land use; or
(C) is necessitated by unanticipated and unusually adverse
weather conditions, other acts of God, strikes, or other causes
beyond the reasonable control of the permittee, if all steps
specified by the director to maximize environmental protection
are taken.

Legislative History

As added by P.L.75-1998, SEC.9.