Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 4 - Permitting Procedures
Section 4-52 - Surface mining permit applications; reclamation and operation plan; protection of public parks and historic lands

Universal Citation: 312 IN Admin Code 4-52

Current through March 20, 2024

Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 52.

(a) For any public parks or any historic lands listed on the National Register of Historic Places or the Indiana state register of historic sites and structures that may be adversely affected by the proposed operations, each plan shall describe the measures to be used:

(1) to prevent adverse impacts; or

(2) if valid existing rights exist or joint agency approval is to be obtained under 312 IAC 25-3-1(3), to minimize adverse impacts.

(b) The director may impose conditions that require the applicant to protect historic or archaeological properties listed on, or eligible for listing on, the National Register of Historic Places or the Indiana state register of historic sites and structures through appropriate mitigation and treatment measures consistent with the standards established under 312 IAC 21-3. Mitigation and treatment measures must be approved by the director after consideration of the comments of the division of historic preservation and archaeology. Required measures that avoid impacts must remain in place throughout all mining and reclamation operations. Required measures that involve the mitigation of impacts through excavation or documentation may be taken after permit issuance provided that they are completed before the property is affected by any mining operation.

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