Section 312 IAC 25-3-2 - ProceduresAuthority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34-18
Sec. 2.
(a) Upon receipt of a complete application for a surface coal mining and reclamation operation permit, the director shall review the application to determine whether surface coal mining operations are limited or prohibited under section 1 of this rule on the lands that would be disturbed by the proposed operations.(b) If the proposed operation is located on any land listed in section 1(1), 1(6), 1(7), or 1(8) of this rule, the director shall reject the application if: (1) the applicant had no valid existing rights for the area on August 3, 1977; or(2) the operation did not exist on August 3, 1977.(c) If the director is unable to determine whether the proposed operation is located within the boundaries of any of the lands in section 1(1), 1(6), 1(7), or 1(8) of this rule, the director shall transmit a copy of the relevant portions of the permit application to the appropriate federal, state, or local government agency for a determination or clarification of the relevant boundaries or distances with a notice to the appropriate agency that it must respond within thirty (30) days of receipt of the request. The director may, if requested by an appropriate agency, extend the thirty (30) day response period set forth in this subsection by an additional thirty (30) days. If no response is received within the thirty (30) day period set forth in this subsection, or within sixty (60) days if an extension is granted under this subsection, the director may make the necessary determinations based upon the information available.(d) If the proposed operation includes federal lands within the boundaries of any national forest and the applicant seeks a determination that mining is permissible under section 1(2) of this rule, the applicant shall also submit a permit application to the regional director for processing.(e) If the proposed mining operation is to be conducted within one hundred (100) feet measured horizontally of the outside right-of-way line of a public road (except where mine access roads or haulage roads join the right-of-way line) or where the applicant proposes to relocate a public road, the director shall perform the following: (1) Require the applicant to obtain necessary approvals of the authority with jurisdiction over the public road.(2) Provide an opportunity for a public hearing in the locality of the proposed mining operations to determine if the interests of the public and affected landowners will be protected.(3) Provide notice of the public hearing in a newspaper of general circulation in the affected locale at least two (2) weeks before the hearing, if a hearing is requested.(4) Make a written finding upon information received at the public hearing within thirty (30) days after completion of the hearing as to whether the interests of the public and affected landowners will be protected from the proposed mining operations.(f) If the proposed surface coal mining operations would be conducted within three hundred (300) feet measured horizontally of any occupied dwelling, the applicant shall submit with the application a written waiver from the owner of the dwelling consenting to the operation within a closer distance of the dwelling as specified in the waiver. The waiver must be made knowingly and separate from a lease or deed unless the lease or deed contains an explicit waiver. A waiver obtained by the applicant from the owner of an occupied dwelling before August 3, 1977, to mine within three hundred (300) feet of the occupied dwelling satisfies this subsection.(g) A waiver obtained under subsection (f) is effective against a subsequent purchaser if the subsequent purchaser had actual or constructive knowledge of the waiver at the time of the purchase. Constructive knowledge is established if: (1) the waiver is properly filed in the public records under Indiana law; or(2) mining took place inside the three hundred (300) foot limit before the date of purchase.(h) If the proposed surface coal mining operations will adversely affect any public park or any place included in the National Register of Historic Places, the Indiana state register of historic sites and structures, or natural landmarks included in the national register, the director shall transmit to the federal, state, or local agency with jurisdiction over the park or national register or state register place, a copy of the completed permit application containing the following: (1) A request for that agency's approval or disapproval of the operations.(2) A notice to the appropriate agency that it has thirty (30) days from receipt of the request in which to respond. The director, upon request by the appropriate agency, may grant an extension to the thirty (30) day period of an additional thirty (30) days. Failure to interpose an objection within thirty (30) days (or within an extended period granted under this subdivision) constitutes an approval of the proposed permit.(i) If subsection (h) applies, a permit for surface coal mining operations shall not be issued unless jointly approved by all affected agencies.(j) A director who determines that a surface coal mining operation is not prohibited under IC 14-34-18, this section, and section 1 of this rule may designate the lands unsuitable for all or certain types of surface coal mining operations according to a petition filed under sections 3 through 12 of this rule.(k) A determination by the director that a person holds or does not hold a valid existing right or that surface coal mining operations did or did not exist on August 3, 1977, is subject to review under IC 14-34 and IC 4-21.5. A determination of these issues by the Secretary of the United States Department of the Interior concerning any federal lands or under a federal program is subject to review under 30 CFR 775.11(c) and 30 CFR 775.13.Natural Resources Commission; 312 IAC 25-3-2; 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