Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 4 - Permitting Procedures
Section 4-11 - Exploration of more than 250 tons; special requirements
Universal Citation: 312 IN Admin Code 4-11
Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 11.
(a) Each application for approval of exploration operations removing more than two hundred fifty (250) tons of coal shall include the following, in addition to information required under section 10 of this rule:
(1) A statement of why extraction of more
than two hundred fifty (250) tons of coal is necessary for
exploration.
(2) A narrative
description of the proposed exploration area, cross-referenced to a United
States Geological Survey topographic map to a scale of not less than
1:24,000.
(3) An exploration and
reclamation operations plan, including the following:
(A) A narrative description of the following:
(i) The proposed exploration area,
cross-referenced to the map required under subdivision (5).
(ii) Vegetative cover.
(iii) The distribution and important habitats
of fish, wildlife, and plants, including, but not limited to, any endangered or
threatened species listed pursuant to the Endangered Species Act of 1973 (
16
U.S.C. 1531, et seq.).
(iv) Cultural, archaeological, or historic
resources listed, or eligible for listing, on the National Register of Historic
Places or the Indiana state register of historic sites and structures, known
archaeological resources located within the proposed exploration area, and any
other information that the director may require regarding known or unknown
cultural, archaeological, or historic resources consistent with section 27 or
68 of this rule.
(B) A
narrative description of the methods to be used to conduct coal exploration and
reclamation, including, but not limited to, the following:
(i) The types and uses of
equipment.
(ii) Drilling.
(iii) Blasting.
(iv) Road or other access route
construction.
(v) Excavated earth
or other debris.
(C) The
estimated amount of coal to be removed and a description of the methods to be
used to determine this amount.
(4) The name and address of the owner of
record of the surface land and of the subsurface mineral estate of the area to
be explored. If the surface is owned by a person other than the applicant, a
description of the basis upon which the applicant claims the right to enter
that land for the purpose of conducting exploration and reclamation.
(5) A map at a scale of 1:24,000 or larger,
showing the areas of land to be disturbed by the proposed exploration and
reclamation. The map shall specifically show the following:
(A) Existing roads, occupied dwellings, and
pipelines.
(B) Proposed location of
trenches, roads, and other access routes and structures to be
constructed.
(C) The location of
land excavations to be conducted.
(D) Water or coal exploratory holes and wells
to be drilled or altered.
(E) Earth
or debris disposal areas.
(F)
Existing bodies of surface water.
(G) Historic, topographic, geologic,
cultural, and drainage features.
(H) Habitats of any endangered or threatened
species listed pursuant to the Endangered Species Act of 1973 (
16
U.S.C. 1531, et seq.).
(b) Public notice of the application and opportunity to comment shall be provided as follows:
(1) Within five (5) days after submitting the
application for approval of exploration, the applicant shall provide public
notice of the filing of an administratively complete application with the
director in a newspaper of general circulation published in the county of the
proposed exploration area.
(2) The
public notice shall contain the following information:
(A) The name and business address of the
person seeking approval.
(B) The
date of filing of the application.
(C) The address of the director at which
written comments on the application may be submitted.
(D) The closing date of the comment period
(which shall be thirty (30) days after the filing of the
application).
(E) A description of
the general area of exploration.
(3) Any person with an interest that is or
may be adversely affected shall have the right to file written comments on the
application within the comment period specified in subdivision (2).
Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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