Indiana § 14-34-5-8.2 - Nonsignificant revision; determination

§ 14-34-5-8.2. Nonsignificant revision; determination

Sec. 8.2. For purposes of sections 7, 8, and 8.3 of this chapter, a proposed permit revision is nonsignificant if any of the following conditions exist:

(1) For surface mines, changes of the:

(A) direction of mining; or

(B) location of mining equipment;

within the permit area.

(2) The substitution of mining equipment designed for the same purpose, the use of which is not detrimental to the achievement of final reclamation or subsidence control.

(3) For underground mines, any change in the direction or location of mining within the permit area or shadow area in response to unanticipated events.

(4) A postmining land use change other than a change described in section 8.1(8) of this chapter.

(5) Any other change in the mining or reclamation plan that the director reasonably determines:

(A) will not have a significant effect:

(i) on the achievement of final reclamation plans under IC 14-34-3-12;

(ii) on subsidence control plans; and

(iii) on the surrounding area;

(B) does not involve significant delay in achieving final reclamation or significant change in the land use; or

(C) is necessitated by unanticipated and unusually adverse weather conditions, other acts of God, strikes, or other causes beyond the reasonable control of the permittee, if all steps specified by the director to maximize environmental protection are taken.

As added by P.L.75-1998, SEC.9.