Section 312 IAC 25-4-112 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; informal conferencesAuthority: IC 14-34-2-1
Affected: IC 4-21.5-3; IC 14-34; 30 CFR 773.13(c)
Sec. 112.
(a) Any person having an interest that is or may be adversely affected by the decision on the application or an officer or a head of a federal, state, or local government agency or authority may request, in writing, that the director hold an informal conference on the application for a permit, significant revision to the permit, or renewal of a permit. The request shall: (1) briefly summarize the issues to be raised by the requestor at the conference;(2) state whether the requestor desires to have the conference conducted in the locality of the proposed mining operations; and(3) be filed with the director no later than thirty (30) days after the last publication of the newspaper advertisement required under section 109(a) of this rule.(b) Except as provided in subsection (c), if an informal conference is requested in accordance with subsection (a), the director shall hold an informal conference within a reasonable time following the receipt of the request. The informal conference shall be conducted as follows:(1) If requested under subsection (a)(2), it shall be held in the locality of the proposed surface coal mining and reclamation operation.(2) The date, time, and location of the informal conference shall be sent to the applicant and other parties to the conference and advertised by the director in a newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least two (2) weeks before the scheduled conference.(3) If requested, in writing, by a conference requestor at a reasonable time before the conference, the director may arrange with the applicant to grant parties to the conference access to the proposed permit area, and, to the extent that the applicant has the right to grant access to it, to the adjacent area prior to the established date of the conference for the purpose of gathering information relevant to the conference.(4) The requirements of IC 4-21.5-3 shall not apply to the conduct of the informal conference. The conference shall be conducted by a representative of the director, who may accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference unless waived by all the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of the applicant's performance bond or other equivalent guarantee under 312 IAC 25-5.(c) If all parties requesting the informal conference withdraw their request before the conference is held, the informal conference may be canceled.(d) Informal conferences held in accordance with this section may be used by the director as the public hearing required under 312 IAC 25-3-2(e) on proposed relocation or closing of public roads.Natural Resources Commission; 312 IAC 25-4-112; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3487, 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