Section 312 IAC 1.5-8-3 - Amount of bond for permit not covered by bond poolAuthority: IC 4-22-2-19.6; IC 14-10-2-1; IC 14-10-2-4; IC 14-34-2-1
Affected: IC 14-34-8
Sec. 3.
(a) The bond for a permit to mine coal not covered by the surface coal mine reclamation bond pool under IC 14-34-8 is determined under the following formula: STEP ONE: Determine the cost of each of the following: (1) The cost based on the percent of the permit area containing prime farmland under PART VII of the application to mine coal as follows:(A) There is no cost if the percent of the permit area is not more than five percent (5%).(B) One thousand dollars ($1,000) if the percent of the permit area is greater than five percent (5%) and not more than twenty percent (20%).(C) Two thousand dollars ($2,000) if the percent of the permit area is greater than twenty percent (20%) and not more than forty percent (40%).(D) Three thousand dollars ($3,000) if the percent of the permit area is greater than forty percent (40%) and not more than sixty percent (60%).(E) Four thousand dollars ($4,000) if the percent of the permit area is greater than sixty percent (60%) and not more than eighty percent (80%).(F) Five thousand dollars ($5,000) if the percent of the permit area is greater than eighty percent (80%).(2) The cost based on the percent of the permit area overlaying significant groundwater resources under PART V of the application as follows: (A) There is no cost if the percent of the permit area is not more than ten percent (10%).(B) Seven hundred fifty dollars ($750) if the percent of the permit area is greater than ten percent (10%) and not more than twenty-five percent (25%).(C) One thousand five hundred dollars ($1,500) if the percent of the permit area is greater than twenty-five percent (25%) and not more than fifty percent (50%).(D) Two thousand two hundred fifty dollars ($2,250) if the percent of the permit area is greater than fifty percent (50%) and not more than seventy-five percent (75%).(E) Three thousand dollars ($3,000) if the percent of the permit area is greater than seventy-five percent (75%).(3) The cost of the average percent of consolidated material to be mined, including sandstone, limestone, shale, or a combination of those materials, down to the lowest coal seam as follows: (A) There is no cost if the average percent of consolidated material to be mined is not more than twenty-five percent (25%).(B) One thousand dollars ($1,000) if the average percent of consolidated material to be mined is greater than twenty-five percent (25%) and not more than fifty percent (50%).(C) One thousand five hundred dollars ($1,500) if the average percent of consolidated material to be mined is greater than fifty percent (50%) and not more than seventy-five percent (75%).(D) Two thousand dollars ($2,000) if the average percent of consolidated material to be mined is greater than seventy-five percent (75%).(4) The cost of the average depth in feet to be mined to the lowest coal seam as follows: (A) Five hundred dollars ($500) if the average depth to be mined is not more than twenty-five (25) feet.(B) Seven hundred fifty dollars ($750) if the average depth to be mined is greater than twenty-five (25) feet and not more than fifty (50) feet.(C) One thousand dollars ($1,000) if the average depth to be mined is greater than fifty (50) feet and not more than seventy-five (75) feet.(D) One thousand five hundred dollars ($1,500) if the average depth to be mined is greater than seventy-five (75) feet and not more than one hundred (100) feet.(E) Two thousand dollars ($2,000) if the average depth to be mined is greater than one hundred (100) feet and not more than one hundred fifty (150) feet.(F) Three thousand dollars ($3,000) if the average depth to be mined is greater than one hundred fifty (150) feet.(5) The cost of the average percent of the permit area containing a premining slope greater than twenty-five percent (25%), or four (4) feet horizontal measurement to one (1) foot vertical measurement (4h:1v), under Part VII of the application as follows:(A) There is no cost if the permit area contains a premining slope not more than fifty percent (50%).(B) Four thousand dollars ($4,000) if the permit area contains a premining slope greater than fifty percent (50%).(6) Except for coal seams to be mined, the cost of the average percent of overburden, as defined by 312 IAC 25-1-93, potentially acidic or toxic based on the chemical analyses submitted under Part V of the application as follows: (A) One hundred dollars ($100) if the average percent of overburden is not more than five percent (5%).(B) Five hundred dollars ($500) if the average percent of overburden is greater than five percent (5%) and not more than ten percent (10%).(C) One thousand dollars ($1,000) if the average percent of overburden is greater than ten percent (10%) and not more than twenty percent (20%).(D) One thousand five hundred dollars ($1,500) if the average percent of is greater than twenty percent (20%) and not more than twenty-four percent (24%).(E) One thousand five hundred dollars ($1,500) if the average percent of overburden is greater than twenty-four percent (24%) and not more than thirty percent (30%).(F) Two thousand dollars ($2,000) if the average percent of overburden is greater than thirty percent (30%) and not more than thirty-five percent (35%).(G) Two thousand five hundred dollars ($2,500) if the average percent of overburden is greater than thirty-five percent (35%) and not more than forty percent (40%).(H) Three thousand dollars ($3,000) if the average percent of overburden is greater than forty percent (40%) and not more than forty-five percent (45%).(I) Three thousand five hundred dollars ($3,500) if the average percent of overburden is greater than forty-five percent (45%) and not more than fifty percent (50%).(J) Four thousand dollars ($4,000) if the average percent of overburden is greater than fifty percent (50%). STEP TWO: Calculate the bond rate as follows: (1) Calculate the total factor sum by adding the cost of each subdivision in STEP ONE together.(2) If the total factor sum is: (A) less than three thousand dollars ($3,000), the bond rate is three thousand dollars ($3,000);(B) greater than ten thousand dollars ($10,000), the bond rate is ten thousand dollars ($10,000); or(C) at least three thousand dollars ($3,000) and less than ten thousand dollars ($10,000), the bond rate is the calculated total factor sum.(3) The cost of an underground or a surface effect, or both, is ten thousand dollars ($10,000). STEP THREE: Calculate the total bond required for the permit area by multiplying the STEP TWO calculation by the total permit area acreage.
Natural Resources Commission; 312 IAC 1.5-8-3; filed 9/9/2024, 10:58 a.m.: 20241009-IR-312240163FRA