Current through March 20, 2024
Authority: IC
14-34-2-1
Affected: IC 14-34
Sec. 109.
(a) An
applicant for a permit, or revision or renewal of a permit, shall place an
advertisement in a newspaper of general circulation that is published in the
county in which the proposed surface coal mining and reclamation operation is
located at least once a week for four (4) consecutive weeks. As used in this
section, "published" refers to the process of composing, issuing, and
distributing the newspaper to the public and does not refer only to the
mechanical work of printing. If the proposed operation lies within more than
one (1) county, the advertisement shall be placed in one (1) newspaper in each
county where the proposed operation will lie. The applicant shall place the
advertisement in the newspaper at the same time the complete permit application
is filed with the director. The advertisement must include, at a minimum, the
following information:
(1) The name and
business address of the applicant.
(2) A map or description that accomplishes
all of the following:
(A) Clearly shows or
describes the exact location and boundaries of the proposed permit area,
including:
(i) a legal description of the
area by quarter, quarter section, township, range, and county; and
(ii) the distance and direction of the site
from a town, city, or another permanent feature sufficient for the operation to
be readily located by a local resident.
(B) States the name of each United States
Geological Survey seven and five-tenths (7.5) minute quadrangle map that
contains the area described.
If a map is used, it shall indicate the north
direction.
(3)
The location where a copy of the application is available for public
inspection.
(4) The names of the
property owners of the property included in the application.
(5) The name and address of the director to
which written comments, objections, or requests for informal conferences on the
application may be submitted under sections 110 through 112 of this
rule.
(6) If an applicant seeks a
permit to mine within one hundred (100) feet of the outside right-of-way of a
public road or to relocate or close a public road:
(A) a concise statement describing the public
road;
(B) the particular part to be
relocated or closed;
(C) where the
relocation or closure is to occur; and
(D) the approximate timing and duration of
the relocation.
(7) A
copy of the advertisement shall be mailed to the following:
(A) Each person identified in the application
as owners of record of all surface and subsurface areas adjacent to any part of
the permit area.
(B) Every person
who has requested notice of such application.
(8) If the application includes a request for
an experimental practice under section 99 of this rule, a statement indicating
that an experimental practice is requested and identifying the regulatory
provisions for which a variance is requested.
(9) The applicant shall make an application
for a permit, or significant revision or renewal of a permit under sections 127
through 131 of this rule, available for the public to inspect and copy by
filing a full copy of the application or permit with the appropriate library as
required by this section. This copy of the application need not include
confidential information exempt from disclosure under sections 15, 30, and 113
of this rule.
(b) The
applicant must file in the main public library identified in this subsection,
for each county where the proposed mining is to occur, a complete copy of the
application submitted to the director. This copy of the application is
available for public inspection and reproduction. The main public library is
the main branch of the library specified for the county as follows:
(1) Clay County, Brazil Public
Library.
(2) Crawford County,
Crawford County Public Library.
(3)
Daviess County, Washington Carnegie Public Library.
(4) Dubois County, Jasper Public
Library.
(5) Fountain County,
Covington Public Library.
(6)
Gibson County, Princeton Public Library.
(7) Greene County, Linton Public
Library.
(8) Knox County, Knox
County Public Library.
(9) Lawrence
County, Lawrence County Public Library.
(10) Martin County, Shoals Public
Library.
(11) Monroe County, Monroe
County Public Library.
(12) Orange
County, Paoli Public Library.
(13)
Owen County, Spencer-Owen County Public Library.
(14) Parke County, Rockville Public
Library.
(15) Perry County, Tell
City-Perry County Public Library.
(16) Pike County, Petersburg and Pike County
Public Library.
(17) Posey County,
Alexandrian Free Public Library.
(18) Spencer County, Rockport-Ohio Township
Public Library.
(19) Sullivan
County, Sullivan County Public Library.
(20) Vanderburgh County,
Evansville-Vanderburgh County Public Library.
(21) Vermillion County, Clinton Public
Library.
(22) Vigo County, Vigo
County Public Library.
(23) Warrick
County, Boonville-Warrick County Public Library.
(24) Warren County, Williamsport-Washington
Township Public Library.
(c) The applicant shall file the copy of the
complete application under subsection (a)(9) by the first date of the newspaper
advertisement of the application. The applicant shall file any subsequent
modification of the application in the library described in subsection (b) for
each county where mining is to occur at the same time the modification is
submitted to the director.
(d) This
subsection establishes standards with respect to the placement of a copy of the
application in a library as required under subsections (b) through (c) as
follows:
(1) The applicant shall pay the
library a fifty dollar ($50) nonrefundable fee.
(2) The applicant may remove the application
or permit from the library only after all bond has been released from the
permit.
(3) If the applicant does
not remove the application or permit from the library, the library, at its
discretion, may return the application or permit to the applicant or destroy it
after all bond has been released from the permit or retain the application or
permit as its own.
(4) An accurate
and complete copy of the application or permit, except information exempted
from public disclosure under sections 15, 30, and 113 of this rule, shall
remain on file at the library and the office of the division of reclamation
nearest the mining operation until final bond release and shall be available
for public inspection and copying at a reasonable charge during normal business
hours.
(5) The applicant shall not
be responsible for the maintenance of the copy of the application on file with
the library.
(e) Upon
receipt of a complete application for a permit or a revision or renewal of a
permit, the director shall issue written notification of the following:
(1) The applicant's intention to surface mine
a particularly described tract of land.
(2) The application number.
(3) Where a copy of the application may be
inspected.
(4) Where comments on
the application may be submitted under section 110 of this rule.
(f) A copy of the written
notification described in subsection (e) shall be sent to the following:
(1) Federal, state, and local government
agencies with jurisdiction over or an interest in the area of the proposed
operations, including the United States Department of Agriculture Soil
Conservation Service, the United States Army Corps of Engineers, the National
Park Service, state and federal fish and wildlife agencies, and the state
historic preservation officer.
(2)
Governmental planning agencies with jurisdiction to act with regard to land
use, air, or water quality planning in the area of the proposed
operation.
(3) Sewage and water
treatment authorities and water companies either providing sewage or water
services to users in the area of the proposed operations or having water
sources or collection, treatment, or distribution facilities located in these
areas.
(4) Operators of any
pipeline located within the permit area or the adjacent area.
(5) The federal or state governmental
agencies with authority to issue all other permits and licenses needed by the
applicant in connection with operations proposed in the application.
(g) To avoid duplication, the
director shall provide for the coordination of review and issuance of permits
for surface coal mining and reclamation operations with applicable requirements
of the following:
(1) The Endangered Species
Act of 1973, as amended (
16
U.S.C. 1531 et seq.).
(2) The Fish and Wildlife Coordination Act,
as amended (
16
U.S.C. 661 et seq.).
(3) The Migratory Bird Treaty Act of 1918, as
amended (
16 U.S.C.
703 et seq.).
(4) The National Historic Preservation Act of
1966, as amended (
16 U.S.C.
470 et seq.).
(5) The Bald Eagle Protection Act, as amended
(
16
U.S.C. 668a ).
