Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 4 - Permitting Procedures
Section 4-17 - Surface mining permit applications; identification of interests

Universal Citation: 312 IN Admin Code 4-17

Current through March 20, 2024

Authority: IC 14-34-2-1

Affected: IC 14-34; 30 CFR 778.13

Sec. 17.

(a) An application shall contain the following information, except that the submission of a Social Security number is voluntary:

(1) A statement as to whether the applicant is a:
(A) corporation;

(B) partnership;

(C) single proprietorship;

(D) association; or

(E) other business entity.

(2) The name, address, telephone number, and, as applicable, the Social Security number and employer identification number of the following:
(A) The applicant.

(B) The applicant's resident agent.

(C) The person who will pay the abandoned mine land reclamation fee.

(b) For each person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in 312 IAC 25-1-94, the following information shall be submitted with the application, where applicable:

(1) The person's name, address, Social Security number, and employer identification number.

(2) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.

(3) The title of the person's position, the date the position was assumed, and, if submitted under 312 IAC 25-7-5, the date of departure from the position.

(4) Each additional name and identifying number, including the following:
(A) The employer identification number.

(B) The federal or state permit number.

(C) The MSHA number with the date of issuance under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within the five (5) years preceding the date of the application.

(5) The application number or other identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the person in any state in the United States.

(c) For any surface coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in 312 IAC 25-1-94, the following information concerning the operation shall be submitted with the application:

(1) The name, address, and identifying numbers, including the following:
(A) The employer identification number.

(B) The federal or state permit number and the regulatory authority.

(C) The MSHA number with the date of issuance.

(2) The ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.

(d) The name and address of each legal or equitable owner of record of the surface and mineral property to be mined, each holder of record of any leasehold interest in the property to be mined, and any purchaser of record under a real estate contract for the property to be mined shall be submitted with the application.

(e) The name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area shall be submitted with the application.

(f) The MSHA numbers for all mine-associated structures that require MSHA approval shall be submitted with the application.

(g) A statement of all lands, interest in lands, options, or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application shall be submitted with the application. If requested by the applicant, any information required by this section that is not on public file under Indiana law shall be held in confidence by the director as provided under section 15(b) of this rule.

(h) After an applicant is notified that the application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under subsections (a) through (d).

(i) The applicant shall submit the information required by this section and section 18 of this rule in any prescribed format that is issued by the commission, which shall conform to the format requirements of the Office of Surface Mining Reclamation and Enforcement.

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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