Section 312 IAC 25-4-127 - Permit reviews; revisions, renewals, and transfer, sale, or assignment of rights granted under permits; permit revisionsAuthority: IC 14-34-2-1
Affected: IC 4-21.5-3-5; IC 14-21-1; IC 14-25-4; IC 14-34-4-7; IC 14-34-4-13
Sec. 127.
(a) A revision to a permit shall be obtained according to the following: (1) For changes in surface coal mining or reclamation operations described in the original application and approved under the original permit, when the changes constitute a departure from the method of conducting mining or reclamation operations described in the approved permit. Changes that constitute a significant departure shall include, but are not limited to, those that could result in the operator's inability to comply with 312 IAC 25-6-1 through 312 IAC 25-6-148 or present a hazard to public health and safety.(2) When required by an order issued under section 126 of this rule.(3) In order to continue operation after the cancellation or material reduction of the liability insurance policy, or performance bond upon which the original permit was issued.(4) Permit revisions shall, at a minimum, be subject to the requirements of sections 108 through 123 of this rule.(5) Any extensions to the area covered by a permit, except for incidental boundary revisions under subsection (g), shall be made by application for a new permit and shall not be approved under section 126 of this rule, this section, and sections 128 through 134 of this rule.(b) A permit revision is one (1) of the following: (1) A significant revision described in subsection (d) that is subject to the permit application information requirements and procedures of this rule including: (B) public participation; and(C) notice of decision requirements; under IC 4-21.5-3-5 and IC 14-34-4-13 before approval and implementation. The permittee shall submit the application for revision to the director within the time provided for under section 5(c) of this rule.(2) A nonsignificant revision described in subsection (e) that: (A) must be reviewed by the director or the director's designated representative before implementation;(B) is approved in writing; and(C) is not required to comply with the public notice and hearing requirements of this rule for issuance of a permit or significant revision.(3) A minor field revision described in subsection (f) that: (A) a field inspector may approve in an inspection report or on a form signed in the field;(B) does not require technical review or design analysis;(C) is capable of being evaluated in the field by the director's designated delegate for compliance with the requirements of this subsection;(D) must be properly documented by the permittee consistent with the requirements of this article concerning the proposed activities and that documentation submitted to the director not more than thirty (30) days following the date of field approval; and(E) is not required to comply with the public notice and hearing requirements of this rule for issuance of a permit or significant revision. A determination by the director under subdivisions (2) and (3) is subject to administrative review under IC 4-21.5 and 312 IAC 3-1. The division of hearings of the commission shall, as soon as practicable, conduct any appropriate proceeding. The request must be in writing and received by the commission within fifteen (15) days of receipt of the determination by the director.
(c) An application for a permit revision may not be approved unless the permittee demonstrates and the director or the director's designated representative finds that: (1) reclamation as required by this article can be accomplished;(2) the applicable requirements of IC 14-34-4-7 that are pertinent to the permit revision are met;(3) the permit revision complies with all applicable requirements of this rule; and(4) no other conditions for approval of the application need to be imposed.(d) A proposed permit revision is a significant revision if any of the following conditions exist: (1) The change may result in an adverse impact beyond that previously considered, affecting cultural resources that are listed on or eligible to be listed on the:(A) National Register of Historic Places; or(B) Indiana state register of historic sites and historic structures established under IC 14-21-1.(2) Blasting will be used in a manner that is likely to cause adverse impacts beyond that previously considered to persons or property outside the permit area.(3) The change may result in an adverse impact beyond that previously considered, affecting a water supply to which IC 14-25-4 applies.(4) The change: (A) requires the identification, disturbance, or handling of toxic forming or acid forming materials in a manner different from that previously considered; and(B) has the potential for causing an additional impact not previously considered.(5) The change may result in an adverse impact on fish, wildlife, and related environmental values beyond that previously considered.(6) The addition of any following facility where the addition will cause an impact not previously considered a:(A) coal processing facility, except that the addition of a temporary coal processing facility used exclusively for crushing and screening need not be considered a significant revision; or(B) permanent support facility.(7) The change will cause a:(A) new or an updated probable hydrologic consequences determination; or(B) cumulative hydrologic impact analysis to be required under section 115(a)(5) of this rule.(8) A postmining land use will be changed to any of the following: (A) A residential land use.(B) A commercial or industrial land use.(C) A recreational land use.(D) Developed water resources, as defined at 312 IAC 25-1-39, that meet the size criteria of 30 CFR 77.216(a).(e) A proposed permit revision is a nonsignificant revision if any of the following conditions exist: (1) For a surface mine within the permit area, a change of the: (A) direction of mining; or(B) location of mining equipment.(2) The substitution of mining equipment designed for the same purpose, the use of which is not detrimental to the achievement of final reclamation or subsidence control.(3) For an underground mine, any change in the direction or location of mining within the permit area or shadow area in response to unanticipated events.(4) Any other change in the mining or reclamation plan that the director reasonably determines: (A) will not have a significant effect on: (i) the achievement of final reclamation plans under this rule;(ii) subsidence control plans; and(iii) the surrounding area;(B) does not involve significant delay in achieving final reclamation or significant change in the land use; or(C) is temporary and necessitated by: (i) unanticipated and unusually adverse weather conditions;(iv) other causes beyond the reasonable control of the permittee; if all steps specified by the director to maximize environmental protection are taken.(f) A minor field revision may include the following:(1) Soil stockpile location and configurations.(2) As-built pond certifications.(3) Minor transportation facilities changes.(4) Any of the following changes for a pond: (5) An area for temporary: (7) Explosive storage areas.(8) Minor mine management or support facility locations, except for the disposal or storage of refuse.(9) Adding United States Natural Resources Conservation Service conservation practices.(10) Methods of erosion protection on diversions.(11) Minor diversion location changes.(g) Incidental boundary revision criteria consist of the following: (1) Incidental boundary revisions are those that:(A) do not constitute a significant revision of the method of conducting mining or reclamation operations contemplated by the original permit as described in subsection (d);(B) are required for the orderly and continuous mining and reclamation operation;(C) adjoin the permit or shadow area acreage;(D) would be mined and reclaimed in conformity with the approved permit plans; and(E) do not exceed ten percent (10%) of the original permit acres or twenty (20) acres, whichever is less.(2) The aggregate of all incidental boundary revisions for the permit shall not exceed fifteen percent (15%) of the original permit area, provided, however, the aggregate of all incidental boundary revisions that involve coal removal shall not exceed ten percent (10%) of the original permit area. The director may waive the fifteen percent (15%) aggregate limitation if the director finds: (A) all other provisions of subdivision (1) are met; and(B) the interests of the public will not be adversely affected.(3) A permittee may obtain an incidental boundary revision by submitting to the director an application that shall contain the following information: (A) The size of the original permit area, and of the additional area.(B) The premining and postmining land uses.(C) A showing that the other requirements of subdivisions (1) and (2) are satisfied.(D) A map showing the area to be added by the revision.(E) Proof of the permittee's legal right to enter and conduct surface coal mining and reclamation operations on the additional area.(F) Any necessary plans that are not contained in the already approved permit.(G) A statement indicating whether or not any areas unsuitable for mining as provided in 312 IAC 25-3-1 and 312 IAC 25-3-3 are contained within the proposed additional acreage.(4) No application for an incidental boundary revision shall be approved unless the applicant demonstrates and the director finds the following: (A) That reclamation as required by IC 14-34 and this article can be accomplished.(B) The application complies with all requirements of IC 14-34 and this article.(C) The pertinent findings required under section 115 of this rule are made.(5) The director shall approve or deny the incidental boundary revision within thirty (30) days of submittal. The director may extend this thirty (30) day time limitation, where the director finds thirty (30) days is insufficient to adequately review the application and make the findings specified in subdivision (4).(6) Nothing in this subsection shall be construed to alter the general requirements of IC 14-34 and this article for submittal of fees and bond.(7) The director may require an applicant for an incidental boundary revision to protect, within the expanded boundaries, any historic or archaeological properties listed or eligible for listing on the National Register of Historic Places or the Indiana state register of historic sites and structures to prevent or minimize adverse impacts through appropriate mitigation and treatment measures.Natural Resources Commission; 312 IAC 25-4-127; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3494, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; filed Apr 13, 2011, 11:16 a.m.: 20110511-IR-312100547FRA, eff Jul 25, 2012; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA