§ 14-34-5-8.6 — Incidental boundary revision; requirements; application and approval

Indiana § 14-34-5-8.6

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

Text

6. (a) For the area covered by a permit to be
extended under this section as an incidental boundary revision, all of
the following must apply:
(1) The extension may not constitute a significant revision to the
method of conduct of mining or reclamation operations
contemplated by the original permit.
(2) The extension must be required for the orderly and continuous
mining and reclamation operation.
(3) The extension must adjoin the permit or shadow area acreage.
(4) The extended area must be mined and reclaimed in conformity
with the approved permit plans.
(5) The area of the extension may not exceed the lesser of:
(A) ten percent (10%) of the area originally covered by the
permit; or
(B) twenty (20) acres.
(b) The aggregate of all incidental boundary revisions of a permit
under this section may not exceed the area originally covered by the
permit by more than fifteen percent (15%). However, the director may
waive the limitation under this subsection if the director finds that:
(1) all other provisions of this section are met; and
(2) the interests of the public are not adversely affected.
(c) The aggregate of all incidental boundary revisions of a permit
under this section that involve coal removal may not exceed the area
originally covered by the permit by more than ten percent (10%).
(d) To obtain an incidental boundary revision under this section, a
permittee must submit to the director an application containing the
following:
(1) A statement of the size of:
(A) the original permit area; and
(B) the additional area that would be added by the boundary
revision.
(2) A statement of the uses that:
(A) were made of the land before mining; and
(B) will be made of the land after mining.
(3) A showing that the requirements of subsection (a) are met.
(4) A map showing the additional area to be added by the
boundary revision.
(5) Proof of the permittee's legal right to enter and conduct
surface coal mining and reclamation operations on the additional
area to be added by the boundary revision.
(6) Any necessary plans that are not contained in the permit
already approved.
(7) A statement indicating whether any areas unsuitable for
mining are contained in the permit already approved.
(e) An application for an incidental boundary revision may not be
approved unless the applicant demonstrates and the director finds the
following:
(1) That reclamation of the area as required by this article can be
accomplished.
(2) That the application complies with all requirements of this
article.
(f) The director shall approve or deny an incidental boundary
revision of a permit under this section within thirty (30) days after the
application for the proposed boundary revision is submitted to the
director, unless the director finds that more than thirty (30) days are
needed to adequately review the application and make the findings
required by subsection (e).
(g) This section does not alter the general requirements of this
article for the submission of fees and bonds.

Legislative History

As added by P.L.75-1998, SEC.13.