Section 14-34-3-3 - Application requirements; contents An application for a surface coal mining and reclamation permit must include the following:
(1) The names and addresses of the following:(A) The permit applicant.(B) Every legal owner of record of the property (surface and mineral) to be mined.(C) The holders of record of any leasehold interest in the property.(D) Any purchaser of record of the property under a real estate contract.(E) The operator if the operator is a person different from the applicant.(F) If a person in clauses (A) through (E) is a business entity other than a single proprietor, the names and addresses of the principals, officers, and resident agent.(2) The names and addresses of the owners of record of all surface and subsurface areas adjacent to any part of the permit area.(3) A statement of each current or previous surface coal mining permit in the United States held by the applicant, including each pending application, the permit identification, and the state that issued that permit or holds the pending application.(4) If the applicant is a partnership, a corporation, an association, or other business entity, the following where applicable:(A) The names and addresses of every officer, partner, or director or person performing a function similar to a director of the applicant.(B) The name and address of each person owning, of record, at least ten percent (10%) of any class of voting stock of the applicant.(C) A list of all names under which the applicant, partner, or principal shareholder previously operated a surface coal mining operation within the United States within: (i) the five (5) years preceding the date of submission of the application; or(ii) any additional period that the director establishes.(5) A statement of whether the applicant or a subsidiary, an affiliate, or a person controlled by or under common control with the applicant has:(A) ever held a federal or state coal mining permit that in: (i) the five (5) years preceding the date of submission of the application; or(ii) any additional period that the director establishes; was suspended or revoked or is in the process of revocation; or
(B) had a mining bond or similar security deposited in lieu of bond forfeited; and if so, a brief explanation of the facts involved and identification of the state in which this action occurred.
(6) A copy of the applicant's advertisement to be published under IC 14-34-4-1. The advertisement must include the following:(A) The names of the property owners involved.(B) A description of the exact location and boundaries of the proposed site sufficient so that the proposed surface coal mining operation is readily locatable by local residents.(C) The location where the application is available for public inspection.(7) A description of the following:(A) The type and method of surface coal mining operation that exists or is proposed.(B) The engineering techniques proposed or used.(C) The equipment used or proposed to be used.(8) The anticipated or actual starting and termination dates of each phase of the surface coal mining operation and the number of acres of land to be affected.(9) An accurate map or plan, to an appropriate scale, clearly showing the following: (A) The land to be affected as of the date of the application.(B) The area of land within the permit area upon which the applicant has the legal right to enter and commence surface coal mining operations, including the following: (i) A statement of those documents upon which the applicant bases the applicant's legal right to enter and commence surface coal mining operations on the area affected.(ii) Whether that right is the subject of pending court litigation.(10) The name of the watershed and location of the surface stream or tributary into which surface and pit drainage will be discharged.(11) A determination of the probable hydrologic consequences of surface coal mining and reclamation operations, both on and off the mine site, with respect to the following: (A) The hydrologic regime.(B) The quantity and quality of water in surface and ground water systems, including the dissolved and suspended solids under seasonal flow conditions.(C) The collection of sufficient data for the mine site and surrounding areas so that an assessment can be made of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability. However, this determination is not required until the time that hydrologic information on the general area before mining is made available from an appropriate federal or state agency. The permit may not be approved until the information is available and is incorporated into the application.
(12) When requested by the director, the climatological factors that are peculiar to the locality of the land to be affected, including the following: (A) The average seasonal precipitation.(B) The average direction and velocity of prevailing winds.(C) The seasonal temperature ranges.(13) Accurate maps to an appropriate scale clearly showing the land affected on the date of application and the same information that is set forth on topographical maps of the United States Geological Survey of a scale of 1:24,000 or 1:25,000 or larger, including all manmade features and archeological and historical sites known by the division of historic preservation and archeology. The map or plan must show the following:(A) All boundaries of the land to be affected.(B) The boundary lines and names of present owners of record of all surface areas abutting the permit area.(C) The location of all buildings within one thousand (1,000) feet of the permit area.(14) Cross section maps or plans of the land to be affected, including the actual area to be mined, prepared by or under the direction of and certified by an engineer licensed under IC 25-31 or a geologist licensed under IC 25-17.6 with assistance from experts in related fields such as land surveying and landscape architecture. The maps or plans must show pertinent elevation and location of test borings or core samplings and depict the following: (A) The nature and depth of the various strata of overburden as required by the commission in the commission's rules.(B) The location and quality of subsurface water if encountered.(C) The nature and thickness of each coal or rider seam above the coal seam to be mined.(D) The nature of the stratum immediately beneath the coal seam to be mined.(E) All mineral crop lines and the strike and dip of the coal to be mined within the area of land to be affected.(F) Existing or previous surface coal mining limits.(G) The location and extent of known workings of each underground coal mine, including mine openings to the surface.(H) The location of aquifers as required by the commission in the commission's rules.(I) The estimated elevation of the water table.(J) The location of spoil, waste, or refuse areas and topsoil preservation areas.(K) The location of all impoundments for waste or erosion control.(L) Each settling or water treatment facility.(M) Constructed or natural drainageways and the location of each discharge to a surface body of water on the area of land to be affected or adjacent to the land to be affected.(N) Profiles at appropriate cross sections of the anticipated final surface configuration that will be achieved under the operator's proposed reclamation plan.(15) A statement of the result of test borings or core samplings from the permit area, including the following: (A) Logs of the drill holes.(B) The thickness of the coal seam found and an analysis of the chemical properties of that coal.(C) The sulfur content of each coal seam.(D) Chemical analysis of potentially acid or toxic forming sections of the overburden.(E) A chemical analysis down to and including the deeper of the following:(i) The stratum lying immediately underneath the lowest coal seam to be mined.(ii) An aquifer below the lowest coal seam to be mined that may be adversely impacted by mining. The director may waive the requirement as to the specific application of this clause if the director determines in writing the requirements are unnecessary.
(16) For the land in the permit application that a reconnaissance inspection suggests may be prime farmland and to confirm the exact location of the prime farmland, a soil survey in accordance with the standards established by the United States Secretary of Agriculture.(17) A reclamation plan that meets the requirements of section 12 of this chapter.(18) Proof that the applicant is self-insured or has a public liability insurance policy issued by an insurance company authorized to do business in Indiana in force for the surface coal mining and reclamation operations for which the permit is sought. The policy must provide for personal injury and property damage protection in an amount adequate to compensate each person injured as a result of the surface coal mining and reclamation operation. If a permit is granted, the permittee shall maintain the policy in full force and effect for the duration of the permit or a renewal.(19) A blasting plan that outlines the procedures the operator will use to comply with IC 14-34-12.(20) A listing of all notices of violations, and their final resolution, of: (A) IC 13-4.1 (before its repeal);(C) a:(i) federal statute or regulation; or(ii) state statute or rule enacted or adopted in response to a federal statute or regulation; pertaining to air or water environmental protection;
incurred by the applicant or a subsidiary, an affiliate, or a person controlled by or under common control with the applicant in connection with any surface coal mining operation during the three (3) year period before the date of application.
Pre-1995 Recodification Citations: 13-4.1-1-3(7) part; 13-4.1-3-3(a).
As added by P.L. 1-1995, SEC.27. Amended by P.L. 2-1997, SEC.54; P.L. 17-1999, SEC.1.