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.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 34. Surface Coal Mining and Reclamation
14-34-5-2. Transferring, Assigning, or Selling Permit Rights
14-34-5-3. Termination of Permit for Nonuse; Extension of Time
14-34-5-7. Change in Reclamation Plan; Approval
14-34-5-8. Revision of Permit; Notice and Hearing Requirements
14-34-5-8.1. Significant Revision; Determination
14-34-5-8.2. Nonsignificant Revision; Determination
14-34-5-8.3. Review and Approval of Nonsignificant Revisions
14-34-5-8.4. Minor Field Revision; Determination and Approval
14-34-5-8.5. Application for Extension of Area Covered by Permit
14-34-5-8.6. Incidental Boundary Revision; Requirements; Application and Approval