Section 312 IAC 29-2-28 - "Commercially minable coal resource" definedAuthority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-34; IC 14-37
Sec. 28.
(a) "Commercially minable coal resource" means a seam of coal that: (1) can be mined using generally accepted underground practices and suitable equipment; and(2) consists of coal in sufficient quantities and of sufficient quality to be commercially saleable.(b) The term includes a seam of coal to which one (1) or more of the following apply:(1) The seam is:(A) associated with an underground mine permitted under IC 14-34; and(B) specifically intended to be mined under the permit.(2) The seam is associated with an inactive underground mining operation at which mining operations:(A) have temporarily ceased; and(B) are anticipated to be resumed by the person with the right to develop the seam.(3) The seam is identified as a commercially minable coal resource by the coal owner or coal lessee of the seam by a map accompanied by an affidavit that:(A) is filed with the division of oil and gas; and(B) states that the coal in the seam is being held for later commercial production.(4) The seam is: (A) at least thirty-six (36) inches thick; and(B) located not more than eight hundred (800) feet below the surface.Natural Resources Commission; 312 IAC 29-2-28; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRAReadopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA