Indiana § 14-34-5-8.1 - Significant revision; determination

§ 14-34-5-8.1. Significant revision; determination

Sec. 8.1. For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is significant if any of the following conditions exists:

(1) The changes may result in an adverse impact beyond that previously considered, affecting cultural resources that are listed on or eligible to be listed on:

(A) the National Register of Historic Places; or

(B) the register of Indiana historic sites and historic structures established under IC 14-21-1.

(2) Blasting will be used in a manner that is likely to cause adverse impacts beyond that previously considered to persons or property outside the permit area.

(3) The changes may result in an adverse impact beyond that previously considered, affecting a water supply to which IC 14-25-4 applies.

(4) The changes:

(A) require the identification, disturbance, or handling of toxic forming or acid forming materials different from those previously considered; and

(B) have the potential for causing an additional impact not previously considered.

(5) The changes may result in an adverse impact on fish, wildlife, and related environmental values beyond that previously considered.

(6) The addition of:

(A) a coal processing facility; or

(B) a permanent support facility;

is proposed, and the addition of the facility will cause an impact not previously considered, except that the addition of a temporary coal processing facility used exclusively for crushing and screening need not be considered a significant revision.

(7) The changes will cause:

(A) a new or an updated probable hydrologic consequences determination; or

(B) a cumulative hydrologic impact analysis to be required under IC 14-34-3-3.

(8) A postmining land use will be changed to any of the following:

(A) A residential land use.

(B) A commercial or industrial land use.

(C) A recreational land use.

(D) Developed water resources as defined in rules adopted by the commission under IC 14-34-2-1 that meet the size criteria of 30 CFR 77.216(a).

As added by P.L.75-1998, SEC.8. Amended by P.L.1-1999, SEC.41.