Section 312 IAC 25-3-1 - Prohibitions; limitationsAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 1.
Subject to valid existing rights, no surface coal mining operation shall be conducted on any of the following areas after date of enactment of IC 14-34 unless those operations existed on August 3, 1977:
(1) On any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) or study rivers or study river corridors established in any guidelines pursuant to that act, and National Recreation Areas designated by act of Congress.(2) On any federal lands within the boundaries of any national forest, provided, however, that surface coal mining operations may be permitted on such lands, if the secretary finds the following:(A) There are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations.(B) Surface operations and impacts are incident to an underground coal mine.(3) On any lands where mining will adversely affect any publicly owned park or any place included in the National Register of Historic Places or the Indiana state register of historic sites and structures or natural landmarks included in the National Register unless approved jointly by the director and the federal, state, or local agency with jurisdiction over the park or place.(4) Within one hundred (100) feet measured horizontally of the outside right-of-way line of any public road, except for the following:(A) Where mine access roads or haulage roads join such right-of-way line.(B) Where the director allows the public road to be relocated, or the area affected to be within one hundred (100) feet of such road, after: (i) public notice and opportunity for a public hearing under section 2 of this rule; and(ii) making a written finding that the interests of the affected public and landowners will be protected.(5) Within three hundred (300) feet measured horizontally from any occupied dwelling unless the owner thereof has provided a written waiver consenting to surface coal mining operations closer than three hundred (300) feet.(6) Within three hundred (300) feet measured horizontally of the following: (D) Community or institutional building.(7) Within one hundred (100) feet measured horizontally of a cemetery.(8) That will violate any existing local zoning ordinances.Natural Resources Commission; 312 IAC 25-3-1; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3433, 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