312 IAC 25-2-5 Exemption for coal extraction incidental to the extraction of other minerals; application requirements and procedures

Sec. 5. (a) Any person who plans to commence or continue coal extraction after the effective date of this section, in reliance on the incidental mining exemption, shall file an administratively complete application for exemption with the director and shall not commence coal extraction until the director has approved the application. (b) Operations in existence before the effective date of this section, which have been conducted in reliance upon the incidental mining exemption before that date, may continue mining operations for sixty (60) days after the effective date. Coal extraction may not continue after the sixty (60) day period unless that person files an administratively complete application for exemption with the director. If an administratively complete application for exemption is filed within the sixty (60) day period, the person may continue extracting coal in reliance on the exemption beyond the sixty (60) day period until the director makes an administrative decision on the application. (c) The director shall notify the applicant if the application for exemption is incomplete and may at any time require the submittal of additional information. (d) Following publication of the newspaper notice required by section 6(9) of this rule, the director shall provide a period of at least thirty (30) days during which time any person having an interest that is or may be adversely affected by a decision on the application may submit written comments or objections. (e) Upon making an exemption determination, the director shall complete the following: (1) No later than ninety (90) days after filing an administratively complete application, the director shall make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under section 4 of this rule, this section, and sections 6 through 12 of this rule and shall notify the applicant and persons submitting comments on the application of the determination and the basis for the determination. (2) The determination of exemption shall be based upon information contained in the application and any other information available to the director at that time. (3) If the director fails to provide an applicant with the determination as specified in subdivision (1), an applicant who has not begun may commence coal extraction pending a determination on the application unless the director issues an interim finding, together with reasons therefore, that the applicant may not begin coal extraction. (f) For administrative review, the following shall apply: (1) Any adversely affected person may request administrative review of a determination under subsection (e) within thirty (30) days of the notification of the determination under 312 IAC 3-1-3. (2) A petition for administrative review filed under 312 IAC 3-1-3 shall not suspend the effect of a determination under subsection (e).