312 Ind. Admin. Code 25-4-20

Current through May 29, 2024
Section 312 IAC 25-4-20 - Surface mining permit applications; relationship to areas designated unsuitable for mining

Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 20.

(a) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface mining activities under 312 IAC 25-3-6 through 312 IAC 25-3-12 or under study for designation in an administrative proceeding under 312 IAC 25-3-6 through 312 IAC 25-3-12.
(b) If an applicant claims the exemption in section 115 of this rule, the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 1, 1977, concerning the proposed surface mining activities.
(c) Subject to valid existing rights, if an applicant proposes to conduct surface mining activities within three hundred (300) feet of an occupied dwelling, the application shall contain the waiver of the owner of the dwelling as required in 312 IAC 25-3-1(5).

312 IAC 25-4-20

Natural Resources Commission; 312 IAC 25-4-20; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3445, 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-312130125RFA
Readopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA