312 IAC 25-4-115 - Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; permit approval or denial
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 115.
(a) No
permit application or application for a significant revision of a permit shall
be approved unless the application affirmatively demonstrates, and the director
makes written findings on the basis of information set forth in the application
or from information otherwise available that is documented in the approval, the
following:
(1) The permit application is
accurate and complete and in compliance with all requirements of IC 14-34, the
federal Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201 et seq.), and this
article.
(2) The applicant has
demonstrated that reclamation, as required by IC 14-34, the federal Surface
Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201 et seq.), and this article, can
be accomplished under the reclamation plan contained in the permit
application.
(3) The proposed
permit area is shown not within an area:
(A)
under study or administrative proceedings under a petition filed under
312 IAC 25-3-6 through
312 IAC 25-3-12 to have an area
designated as unsuitable for surface coal mining operations unless the
applicant demonstrates that before January 4, 1977, substantial legal and
financial commitments had been made in relation to the operation covered by the
permit application; or
(B)
designated as unsuitable for mining under
312 IAC 25-3.
(4) For mining operations where
the private mineral estate to be mined has been severed from the private
surface estate, the applicant has submitted to the director the documentation
required under section 19(b) or 60(b) of this rule.
(5) The assessment of the probable cumulative
impacts of all anticipated coal mining in the cumulative impact area on the
hydrologic balance, as described in sections 47(c) and 85(c) of this rule, has
been made by the director, and the operations proposed under the application
have been designed to prevent material damage to the hydrologic balance outside
the proposed permit area.
(6) The
applicant has demonstrated that any existing structure will comply with the
applicable performance standards of
312 IAC 25-6-5 through
312 IAC 25-6-148 and section 116
of this rule.
(7) The applicant has
paid all reclamation fees required by
312 IAC 25-10 and all reclamation
fees from previous and existing operations as required by
30 CFR
870.12.
(8) The applicant has satisfied the
applicable requirements of section 98 of this rule with respect to special
categories of mining.
(9) The
applicant has, if applicable, satisfied the requirements for approval of a long
term, intensive agricultural postmining land use, in accordance with the
requirements of
312 IAC 25-6-54 or
312 IAC 25-6-115.
(10) The operation would not affect the
continued existence of endangered or threatened species, or result in
destruction or adverse modification of their critical habitats, as determined
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(11) The effect has been taken into account
of the proposed mining operation on properties or sites eligible for listing on
the National Register of Historic Places or the Indiana state register of
historic sites and structures. This finding may be supported in part by the
inclusion of appropriate permit conditions or changes in the operation plan to
protect these properties or sites or by a documented decision that no
additional protection measures are necessary. In making this finding, the
director shall take into account the following:
(A) The relative importance of the property
or site to other properties or sites of a similar nature in Indiana that are
listed on or eligible for listing on the National Register of Historic Places
or on the Indiana state register of historic sites and structures based upon
information available from the division of historic preservation and archeology
of the department.
(B) The
estimated cost of any treatment or mitigation measures required by the
director. The estimate shall be provided by the applicant and shall be prepared
by a person qualified as a principal investigator at
312 IAC 21-3-4. The estimate
shall be accompanied by the scope of work and any other documents that provide
the basis for that estimate. A decision that treatment or mitigation measures
are not required shall not be based on cost alone.
(12) For a proposed remining operation where
the applicant intends to reclaim under
312 IAC 25-6-53 or
312 IAC 25-6-114, the site of the
operation is a previously mined area as defined in
312 IAC 25-1-107.
(13) For permits to be issued under section
105.5 of this rule, the permit application must contain the following:
(A) Lands eligible for remining.
(B) An identification of any potential
environmental and safety problems related to prior mining activity that could
reasonably be anticipated to occur at the site.
(C) Mitigation plans to sufficiently address
potential environmental and safety problems so that reclamation as required by
the applicable requirements of the regulatory program can be
accomplished.
(b) If the director decides to approve the
application, the applicant will submit the performance bond or other equivalent
guarantee required under
312 IAC 25-5 prior to the
issuance of the permit.
(c) After
an application is approved, but before the permit is issued, the director shall
reconsider the decision to approve the application based on the compliance
review required by section 114(b)(1) of this rule in light of any new
information submitted under sections 17 and 18 of this rule.
Notes
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