Section 312 IAC 25-4-11 - Exploration of more than 250 tons; special requirementsAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 11.
(a) Each application for approval of exploration operations removing more than two hundred fifty (250) tons of coal shall include the following, in addition to information required under section 10 of this rule: (1) A statement of why extraction of more than two hundred fifty (250) tons of coal is necessary for exploration.(2) A narrative description of the proposed exploration area, cross-referenced to a United States Geological Survey topographic map to a scale of not less than 1:24,000.(3) An exploration and reclamation operations plan, including the following: (A) A narrative description of the following: (i) The proposed exploration area, cross-referenced to the map required under subdivision (5).(iii) The distribution and important habitats of fish, wildlife, and plants, including, but not limited to, any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531, et seq.).(iv) Cultural, archaeological, or historic resources listed, or eligible for listing, on the National Register of Historic Places or the Indiana state register of historic sites and structures, known archaeological resources located within the proposed exploration area, and any other information that the director may require regarding known or unknown cultural, archaeological, or historic resources consistent with section 27 or 68 of this rule.(B) A narrative description of the methods to be used to conduct coal exploration and reclamation, including, but not limited to, the following: (i) The types and uses of equipment.(iv) Road or other access route construction.(v) Excavated earth or other debris.(C) The estimated amount of coal to be removed and a description of the methods to be used to determine this amount.(4) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored. If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation.(5) A map at a scale of 1:24,000 or larger, showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show the following: (A) Existing roads, occupied dwellings, and pipelines.(B) Proposed location of trenches, roads, and other access routes and structures to be constructed.(C) The location of land excavations to be conducted.(D) Water or coal exploratory holes and wells to be drilled or altered.(E) Earth or debris disposal areas.(F) Existing bodies of surface water.(G) Historic, topographic, geologic, cultural, and drainage features.(H) Habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531, et seq.).(b) Public notice of the application and opportunity to comment shall be provided as follows: (1) Within five (5) days after submitting the application for approval of exploration, the applicant shall provide public notice of the filing of an administratively complete application with the director in a newspaper of general circulation published in the county of the proposed exploration area.(2) The public notice shall contain the following information: (A) The name and business address of the person seeking approval.(B) The date of filing of the application.(C) The address of the director at which written comments on the application may be submitted.(D) The closing date of the comment period (which shall be thirty (30) days after the filing of the application).(E) A description of the general area of exploration.(3) Any person with an interest that is or may be adversely affected shall have the right to file written comments on the application within the comment period specified in subdivision (2).Natural Resources Commission; 312 IAC 25-4-11; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3441, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA