Indiana § 14-34-5-8.6 - Incidental boundary revision; requirements; application and approval

§ 14-34-5-8.6. Incidental boundary revision; requirements; application and approval

Sec. 8.6. (a) For the area covered by a permit to be extended under this section as an incidental boundary revision, all of the following must apply:

(1) The extension may not constitute a significant revision to the method of conduct of mining or reclamation operations contemplated by the original permit.

(2) The extension must be required for the orderly and continuous mining and reclamation operation.

(3) The extension must adjoin the permit or shadow area acreage.

(4) The extended area must be mined and reclaimed in conformity with the approved permit plans.

(5) The area of the extension may not exceed the lesser of:

(A) ten percent (10%) of the area originally covered by the permit; or

(B) twenty (20) acres.

(b) The aggregate of all incidental boundary revisions of a permit under this section may not exceed the area originally covered by the permit by more than fifteen percent (15%). However, the director may waive the limitation under this subsection if the director finds that:

(1) all other provisions of this section are met; and

(2) the interests of the public are not adversely affected.

(c) The aggregate of all incidental boundary revisions of a permit under this section that involve coal removal may not exceed the area originally covered by the permit by more than ten percent (10%).

(d) To obtain an incidental boundary revision under this section, a permittee must submit to the director an application containing the following:

(1) A statement of the size of:

(A) the original permit area; and

(B) the additional area that would be added by the boundary revision.

(2) A statement of the uses that:

(A) were made of the land before mining; and

(B) will be made of the land after mining.

(3) A showing that the requirements of subsection (a) are met.

(4) A map showing the additional area to be added by the boundary revision.

(5) Proof of the permittee's legal right to enter and conduct surface coal mining and reclamation operations on the additional area to be added by the boundary revision.

(6) Any necessary plans that are not contained in the permit already approved.

(7) A statement indicating whether any areas unsuitable for mining are contained in the permit already approved.

(e) An application for an incidental boundary revision may not be approved unless the applicant demonstrates and the director finds the following:

(1) That reclamation of the area as required by this article can be accomplished.

(2) That the application complies with all requirements of this article.

(f) The director shall approve or deny an incidental boundary revision of a permit under this section within thirty (30) days after the application for the proposed boundary revision is submitted to the director, unless the director finds that more than thirty (30) days are needed to adequately review the application and make the findings required by subsection (e).

(g) This section does not alter the general requirements of this article for the submission of fees and bonds.

As added by P.L.75-1998, SEC.13.