Sec. 9. (a) This section does not apply to an existing surface coal mining operation that held a valid permit on August 3, 1977, with continuous permits since that date.
(b) In addition to finding the application in compliance with section 7 of this chapter, if the proposed mining area contains prime farmland under IC 14-34-3-3(16), the director shall, after consultation with the United States Secretary of Agriculture and under rules adopted by the commission, grant a permit to mine on prime farmland if the director finds in writing that the operator has the technological capability to restore the mined area, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards in IC 14-34-10-2(b)(10).
[Pre-1995 Recodification Citation: 13-4.1-4-3(d).]
As added by P.L.1-1995, SEC.27.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 34. Surface Coal Mining and Reclamation
Chapter 4. Permit Approval or Denial
14-34-4-1. Applicant's Required Notice of Application
14-34-4-2. Director's Required Notice of Application
14-34-4-3. Comments Concerning Applications
14-34-4-4. Objections; Request for Informal Conference or Public Hearing
14-34-4-5. Informal Conference or Public Hearing; Access to Mining Area; Record of Proceedings
14-34-4-6. Conditions Requiring Public Hearing
14-34-4-7. Approval of Application; Requirements
14-34-4-8. Nonissuance of Permit for Violations of Certain Federal and State Statutes
14-34-4-8.5. Exemptions for Unanticipated Events or Conditions
14-34-4-9. Mining of Prime Farmland
14-34-4-12. Notification of Applicant of Director's Decision
14-34-4-13. Hearing on Reasons for Final Determination
14-34-4-14. Issuance of Permit
14-34-4-15. Permit Effective Upon Issuance
14-34-4-16. Notification of Permit Issuance