312 Ind. Admin. Code 29-2-28

Current through May 29, 2024

Section 312 IAC 29-2-28 - "Commercially minable coal resource" defined

Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 14-34; IC 14-37

Sec. 28.

(a) "Commercially minable coal resource" means a seam of coal that:

(1) can be mined using generally accepted underground practices and suitable equipment; and

(2) consists of coal in sufficient quantities and of sufficient quality to be commercially saleable.

(b) The term includes a seam of coal to which one (1) or more of the following apply:

(1) The seam is:

(A) associated with an underground mine permitted under IC 14-34; and

(B) specifically intended to be mined under the permit.

(2) The seam is associated with an inactive underground mining operation at which mining operations:

(A) have temporarily ceased; and

(B) are anticipated to be resumed by the person with the right to develop the seam.

(3) The seam is identified as a commercially minable coal resource by the coal owner or coal lessee of the seam by a map accompanied by an affidavit that:

(A) is filed with the division of oil and gas; and

(B) states that the coal in the seam is being held for later commercial production.

(4) The seam is:

(A) at least thirty-six (36) inches thick; and

(B) located not more than eight hundred (800) feet below the surface.

312 IAC 29-2-28

Natural Resources Commission; 312 IAC 29-2-28; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRA

Readopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA