CHAPTER 3. PERMIT REQUIREMENTS
IC 14-34-3
Chapter 3. Permit Requirements
IC 14-34-3-1
Mining without permit
Sec. 1. A person may not open, develop, or operate a new or
previously mined or abandoned site for surface coal mining
operations in Indiana without holding a valid surface coal mining and
reclamation permit.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-2
Form prescribed by director
Sec. 2. A person must make application for a surface coal mining
and reclamation permit to the director on a form prescribed by the
director.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-3
Application requirements; contents
Sec. 3. An application for a surface coal mining and reclamation
permit must include the following:
(1) The names and addresses of the following:
(A) The permit applicant.
(B) Every legal owner of record of the property (surface and
mineral) to be mined.
(C) The holders of record of any leasehold interest in the
property.
(D) Any purchaser of record of the property under a real
estate contract.
(E) The operator if the operator is a person different from
the applicant.
(F) If a person in clauses (A) through (E) is a business entity
other than a single proprietor, the names and addresses of the
principals, officers, and resident agent.
(2) The names and addresses of the owners of record of all
surface and subsurface areas adjacent to any part of the permit
area.
(3) A statement of each current or previous surface coal mining
permit in the United States held by the applicant, including each
pending application, the permit identification, and the state that
issued that permit or holds the pending application.
(4) If the applicant is a partnership, a corporation, an
association, or other business entity, the following where
applicable:
(A) The names and addresses of every officer, partner, or
director or person performing a function similar to a director
of the applicant.
(B) The name and address of each person owning, of record,
at least ten percent (10%) of any class of voting stock of the
applicant.
(C) A list of all names under which the applicant, partner, or
principal shareholder previously operated a surface coal
mining operation within the United States within:
(i) the five (5) years preceding the date of submission of
the application; or
(ii) any additional period that the director establishes.
(5) A statement of whether the applicant or a subsidiary, an
affiliate, or a person controlled by or under common control
with the applicant has:
(A) ever held a federal or state coal mining permit that in:
(i) the five (5) years preceding the date of submission of
the application; or
(ii) any additional period that the director establishes;
was suspended or revoked or is in the process of revocation;
or
(B) had a mining bond or similar security deposited in lieu
of bond forfeited;
and if so, a brief explanation of the facts involved and
identification of the state in which this action occurred.
(6) A copy of the applicant's advertisement to be published
under IC 14-34-4-1. The advertisement must include the
following:
(A) The names of the property owners involved.
(B) A description of the exact location and boundaries of the
proposed site sufficient so that the proposed surface coal
mining operation is readily locatable by local residents.
(C) The location where the application is available for public
inspection.
(7) A description of the following:
(A) The type and method of surface coal mining operation
that exists or is proposed.
(B) The engineering techniques proposed or used.
(C) The equipment used or proposed to be used.
(8) The anticipated or actual starting and termination dates of
each phase of the surface coal mining operation and the number
of acres of land to be affected.
(9) An accurate map or plan, to an appropriate scale, clearly
showing the following:
(A) The land to be affected as of the date of the application.
(B) The area of land within the permit area upon which the
applicant has the legal right to enter and commence surface
coal mining operations, including the following:
(i) A statement of those documents upon which the
applicant bases the applicant's legal right to enter and
commence surface coal mining operations on the area
affected.
(ii) Whether that right is the subject of pending court
litigation.
(10) The name of the watershed and location of the surface
stream or tributary into which surface and pit drainage will be
discharged.
(11) A determination of the probable hydrologic consequences
of surface coal mining and reclamation operations, both on and
off the mine site, with respect to the following:
(A) The hydrologic regime.
(B) The quantity and quality of water in surface and ground
water systems, including the dissolved and suspended solids
under seasonal flow conditions.
(C) The collection of sufficient data for the mine site and
surrounding areas so that an assessment can be made of the
probable cumulative impacts of all anticipated mining in the
area upon the hydrology of the area and particularly upon
water availability.
However, this determination is not required until the time that
hydrologic information on the general area before mining is
made available from an appropriate federal or state agency. The
permit may not be approved until the information is available
and is incorporated into the application.
(12) When requested by the director, the climatological factors
that are peculiar to the locality of the land to be affected,
including the following:
(A) The average seasonal precipitation.
(B) The average direction and velocity of prevailing winds.
(C) The seasonal temperature ranges.
(13) Accurate maps to an appropriate scale clearly showing the
land affected on the date of application and the same
information that is set forth on topographical maps of the
United States Geological Survey of a scale of 1:24,000 or
1:25,000 or larger, including all manmade features and
archeological and historical sites known by the division of
historic preservation and archeology. The map or plan must
show the following:
(A) All boundaries of the land to be affected.
(B) The boundary lines and names of present owners of
record of all surface areas abutting the permit area.
(C) The location of all buildings within one thousand (1,000)
feet of the permit area.
(14) Cross section maps or plans of the land to be affected,
including the actual area to be mined, prepared by or under the
direction of and certified by an engineer licensed under
IC 25-31 or a geologist licensed under IC 25-17.6 with
assistance from experts in related fields such as land surveying
and landscape architecture. The maps or plans must show
pertinent elevation and location of test borings or core
samplings and depict the following:
(A) The nature and depth of the various strata of overburden
as required by the commission in the commission's rules.
(B) The location and quality of subsurface water if
encountered.
(C) The nature and thickness of each coal or rider seam
above the coal seam to be mined.
(D) The nature of the stratum immediately beneath the coal
seam to be mined.
(E) All mineral crop lines and the strike and dip of the coal
to be mined within the area of land to be affected.
(F) Existing or previous surface coal mining limits.
(G) The location and extent of known workings of each
underground coal mine, including mine openings to the
surface.
(H) The location of aquifers as required by the commission
in the commission's rules.
(I) The estimated elevation of the water table.
(J) The location of spoil, waste, or refuse areas and topsoil
preservation areas.
(K) The location of all impoundments for waste or erosion
control.
(L) Each settling or water treatment facility.
(M) Constructed or natural drainageways and the location of
each discharge to a surface body of water on the area of land
to be affected or adjacent to the land to be affected.
(N) Profiles at appropriate cross sections of the anticipated
final surface configuration that will be achieved under the
operator's proposed reclamation plan.
(15) A statement of the result of test borings or core samplings
from the permit area, including the following:
(A) Logs of the drill holes.
(B) The thickness of the coal seam found and an analysis of
the chemical properties of that coal.
(C) The sulfur content of each coal seam.
(D) Chemical analysis of potentially acid or toxic forming
sections of the overburden.
(E) A chemical analysis down to and including the deeper of
the following:
(i) The stratum lying immediately underneath the lowest
coal seam to be mined.
(ii) An aquifer below the lowest coal seam to be mined
that may be adversely impacted by mining.
The director may waive the requirement as to the specific
application of this clause if the director determines in
writing the requirements are unnecessary.
(16) For the land in the permit application that a reconnaissance
inspection suggests may be prime farmland and to confirm the
exact location of the prime farmland, a soil survey in
accordance with the standards established by the United States
Secretary of Agriculture.
(17) A reclamation plan that meets the requirements of section
12 of this chapter.
(18) Proof that the applicant is self-insured or has a public
liability insurance policy issued by an insurance company
authorized to do business in Indiana in force for the surface coal
mining and reclamation operations for which the permit is
sought. The policy must provide for personal injury and
property damage protection in an amount adequate to
compensate each person injured as a result of the surface coal
mining and reclamation operation. If a permit is granted, the
permittee shall maintain the policy in full force and effect for
the duration of the permit or a renewal.
(19) A blasting plan that outlines the procedures the operator
will use to comply with IC 14-34-12.
(20) A listing of all notices of violations, and their final
resolution, of:
(A) IC 13-4.1 (before its repeal);
(B) this article; and
(C) a:
(i) federal statute or regulation; or
(ii) state statute or rule enacted or adopted in response to
a federal statute or regulation;
pertaining to air or water environmental protection;
incurred by the applicant or a subsidiary, an affiliate, or a
person controlled by or under common control with the
applicant in connection with any surface coal mining operation
during the three (3) year period before the date of application.
As added by P.L.1-1995, SEC.27. Amended by P.L.2-1997, SEC.54;
P.L.17-1999, SEC.1.
IC 14-34-3-4
Confidential or public information pertaining to coal seams, test
borings, core samplings, or soil samples
Sec. 4. The information required by section 3 of this chapter
pertaining to coal seams, test borings, core samplings, or soil samples
is available for inspection by any person with an interest that is or
may be adversely affected by the surface coal mining and
reclamation operation. However, the information that pertains only
to the analysis of the chemical and physical properties of the coal,
except information concerning a mineral or elemental content that is
potentially toxic in the environment and the nature and location of
archeological resources on public land and Indian land as required
under the federal Archeological Resources Protection Act of 1979
(16 U.S.C. 470aa et seq.), is confidential.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-5
Probable hydrologic consequences of test borings or core
samplings
Sec. 5. Upon the written request of the operator and if the director
finds that the probable total annual production at all locations of a
surface coal mining operator will not exceed three hundred thousand
(300,000) tons, a qualified public or private laboratory designated by
the director shall determine the probable hydrologic consequences
and the results of test borings or core samplings required by section
3 of this chapter. The department shall assume the cost of preparation
of the determination made under this section.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-6
Application available for public inspection
Sec. 6. Each applicant for a surface coal mining and reclamation
permit, amendment, transfer, or renewal shall file an entire copy of
the application, except for the information pertaining to the coal
seam, for public inspection in the main public library in the county
in which the proposed mining operation is located or in an
appropriate public office in that county, as approved by the director.
The documents may not be recorded.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-7
Filing fee
Sec. 7. An applicant must pay a filing fee of fifty dollars ($50).
As added by P.L.1-1995, SEC.27.
IC 14-34-3-8
Application on file for 30 days
Sec. 8. An application remains on file until thirty (30) days after
the director's final decision on the application, at which time the
applicant may remove the application.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-9
Application on file and available for inspection
Sec. 9. An accurate and complete copy of an application, except
as provided in section 4 of this chapter, must:
(1) remain on file at the office of the division of reclamation
nearest the mining operation; and
(2) be available for public inspection and copying at reasonable
charge during normal business hours.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-10
Information concerning archeological and historic sites; limitation
on enforcement of section and rules
Sec. 10. (a) The director may require a permit applicant to submit
additional information concerning the identity, location, and nature
of archeological and historic sites in or within one thousand (1,000)
feet of the permit area in accordance with rules adopted by the
commission to implement this section.
(b) In the rules implementing this section, the commission shall
provide that the director may require a permit applicant to identify
and evaluate important archeological and historic sites through the
following:
(1) Searches of the records of the following:
(A) Research institutions.
(B) The state historical preservation office.
(2) Field investigations.
(3) Other appropriate investigations according to standards
incorporated in the rules.
(c) The commission's rules must be consistent with the principles
set forth in IC 14-34-4-10(c).
(d) This section and the rules adopted under this section may not
be enforced if and to the extent that any federal court holds that the
federal Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201-1328) does not authorize the requirements of records
searches, field investigations, or other studies in connection with
application for surface coal mining operations.
As added by P.L.1-1995, SEC.27. Amended by P.L.16-2009, SEC.24.
IC 14-34-3-11
Reimbursement of costs to department
Sec. 11. (a) Whenever the department has assumed the cost of a
test or determination required by section 5 of this chapter, the
operator for whom the costs were assumed shall reimburse the
department for the costs if any of the following conditions exist:
(1) The actual and attributed annual coal production of the
operator at all locations exceeds three hundred thousand
(300,000) tons during any consecutive twelve (12) month period
either during:
(A) the term of the permit for which assistance was
provided; or
(B) the first five (5) years after issuance of the permit;
whichever is shorter.
(2) False information was given the department in the
application for the permit or in reports required by the
department.
(3) A permit application was not submitted to the department
within one (1) year after the date the permittee received the
report for which the cost was assumed.
(4) The applicant does not begin mining within six (6) months
after obtaining the permit.
(5) The:
(A) permit is sold, transferred, or assigned to another person;
and
(B) transferee's total actual and attributed production
exceeds the three hundred thousand (300,000) ton annual
production limit during any consecutive twelve (12) month
period of the remaining term of the permit.
Under this subdivision the applicant and the applicant's
successor are jointly and severally obligated to reimburse the
department.
(b) The department may waive the reimbursement obligation if the
department finds that the applicant at all times acted in good faith.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-12
Reclamation plan
Sec. 12. (a) Each reclamation plan submitted as part of a permit
application as required by section 3 of this chapter must include the
following, in the degree of detail necessary to demonstrate that
reclamation required by this article can be accomplished:
(1) The:
(A) identification of land subject to surface coal mining
operations over the estimated life of those operations; and
(B) size, sequence, and timing of the sub areas for which it
is anticipated that individual permits for mining will be
sought.
(2) A statement of the condition of the land to be covered by the
permit before mining, including the following:
(A) The uses existing at the time of the application.
(B) If the land has a history of previous mining, the uses that
preceded mining.
(C) The capability of the land before mining to support a
variety of uses giving consideration to the following:
(i) Soil and foundation characteristics.
(ii) Topography.
(iii) Vegetative cover.
(iv) If applicable, a soil survey prepared under section
3(16) of this chapter.
(D) The productivity of the land, including the following:
(i) Appropriate classification as prime farmland.
(ii) The average yield of food, fiber, forage, or wood
products from the land obtained under high levels of
management.
(3) The proposed use of the land following reclamation,
including the following:
(A) A discussion of the utility and capacity of the reclaimed
land to support a variety of alternative uses.
(B) A discussion of the relationship of that use to existing
land use policies and plans.
(C) The comments of any owner of the surface and state and
local governments or agencies of state and local
governments that would have to initiate, implement,
approve, or authorize the proposed use of the land following
reclamation.
(4) A detailed description of:
(A) how the proposed postmining land use is to be achieved;
and
(B) the necessary support activities that may be needed to
achieve the proposed land use.
(5) A description of the engineering techniques and the major
equipment proposed to be used in the surface coal mining and
reclamation operation.
(6) Plans for the following:
(A) The control of surface water drainage and of water
accumulation.
(B) Where appropriate, backfilling, soil stabilization, and
compacting, grading, and appropriate revegetation.
(C) Soil reconstruction, replacement, and stabilization under
the performance standards in IC 14-34-10-2(b)(10) for the
food, forage, and forest land identified in
IC 14-34-10-2(b)(10).
(7) An estimate of the cost of the reclamation, including a
statement as to how the permittee plans to comply with each of
the requirements set out in IC 14-34-10-2.
(8) The consideration given to maximize the use and
conservation of the solid fuel resource recovered so that
reaffecting the land in the future is minimized.
(9) A detailed estimated timetable for the accomplishment of
each major step in the reclamation plan.
(10) The consideration given to making the surface coal mining
and reclamation operation consistent with the following:
(A) Surface owner plans.
(B) Applicable state and local land use plans and programs.
(11) The steps to be taken to comply with the following:
(A) Applicable air and water quality laws and rules.
(B) Applicable health and safety standards.
(12) The consideration given to developing the reclamation plan
in a manner consistent with local physical environmental and
climatological conditions.
(13) With respect to land contiguous to the area to be covered
by the permit, a description of the following:
(A) The land.
(B) Interests in the land.
(C) Options on interests in the land held by the applicant.
(D) Pending bids on interests in the land by the applicant.
This information is confidential and not a matter of public
record.
(14) The results of test borings that the applicant has made to
the permit area or other equivalent information and data in a
form satisfactory to the director, including the location of
subsurface water and an analysis of the chemical properties.
The analysis must include an analysis of the acid-forming
properties of the mineral and overburden. The information that
pertains only to the analysis of the chemical and physical
properties of the coal, except information regarding mineral or
elemental contents that are potentially toxic in the environment,
is confidential.
(15) A detailed description of the measures to be taken during
the surface coal mining and reclamation process to assure the
protection of the following:
(A) The quality of surface and ground water systems, both
onsite and offsite, from adverse effects of the mining and
reclamation process.
(B) The rights of present users to that water.
(C) The quantity of surface and ground water systems, both
onsite and offsite, from adverse effects of the mining and
reclamation process or to provide alternative sources of
water where the protection of quantity cannot be assured.
(16) Other information that the commission requires by rule.
(b) Unless otherwise provided, information required by this
section that is not on public file under Indiana law is confidential.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-13
Departures from standards
Sec. 13. To encourage advances in coal mining and reclamation
practices or to allow postmining land use for industrial, commercial,
residential, recreational, or public use, the director may, with the
approval of the United States Secretary of the Interior, permit
departures in individual cases from the standards established in
IC 14-34-10 and IC 14-34-11. The director may permit these
departures only if the following conditions exist:
(1) The experimental practices are:
(A) potentially more; or
(B) at least as;
environmentally protective during and after the coal mining
operations as those required under commission rules governing
this section.
(2) The coal mining operations approved for particular land use
or other purposes are not larger or more numerous than
necessary to determine the effectiveness and economic
feasibility of the experimental practices.
(3) The experimental practices do not reduce the protection
afforded public health and safety below that provided by
commission rules governing this section.
As added by P.L.1-1995, SEC.27.
IC 14-34-3-14
Coordination with other federal act requirements
Sec. 14. The director shall, to avoid duplication, provide for the
coordination of review and issuance of permits for surface coal
mining and reclamation operations with applicable requirements of
the following:
(1) The federal Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(2) The federal Fish and Wildlife Coordination Act (16 U.S.C.
661 through 666c).
(3) The federal Migratory Bird Treaty Act of 1918 (16 U.S.C.
703 through 711).
(4) The National Historic Preservation Act (16 U.S.C. 470 et
seq.).
(5) The federal Bald Eagle Protection Act (16 U.S.C. 668a).
As added by P.L.1-1995, SEC.27.