Section 312 IAC 25-4-88 - Underground mining permit applications; reclamation plan; protection of public parks and historic landsAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 88.
(a) For any public parks or any historic lands listed on the National Register of Historic Places or the Indiana state register of historic sites and structures that may be adversely affected by the proposed operations, each plan shall describe the measures to be used: (1) to prevent adverse impacts; or(2) if valid existing rights exist or joint agency approval is to be obtained under 312 IAC 25-3-1(3), to minimize adverse impacts.(b) The director may impose conditions that require the applicant to protect historic or archaeological properties listed on, or eligible for listing on, the National Register of Historic Places or the Indiana state register of historic sites and structures through appropriate mitigation and treatment measures consistent with the standards established under 312 IAC 21-3. Mitigation and treatment measures must be approved by the director after consideration of the comments of the division of historic preservation and archaeology. Required measures that avoid impacts must remain in place throughout all mining and reclamation operations. Such measures that involve the mitigation of impacts through excavation or documentation may be taken after permit issuance provided they are completed before the property is affected by any mining operation.Natural Resources Commission; 312 IAC 25-4-88; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3474, 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