312 IAC 29-17-1 Identification of commercially minable coal seams

Sec. 1. (a) Regardless of the depth or thickness of a coal seam, the following are considered to be commercially minable coal seams: (1) A coal seam associated with an underground mine permitted under IC 14-34 which is specifically intended to be mined under the permit. (2) A coal seam associated with an inactive underground mining operation permitted under IC 14-34 at which mining operations have temporarily ceased and are anticipated to be resumed by the person with the right to develop the seam. (3) A coal seam that has been identified as a commercially minable coal resource according to the requirements of subsection (c) by the owner or lessee or other person with the rights to develop the coal seams as depicted on a map accompanied by an affidavit that: (A) is filed with the division of reclamation; and (B) states the coal in the seam is being held for later commercial production by underground mining methods. (b) For purposes of identifying the location of coal seams described under subsection (a)(1) and (a)(2), the division of reclamation shall periodically identify the location of coal seams that are intended to be mined under a permit issued under IC 14-34 for underground coal mining operations. The division of reclamation shall make the location of these coal seams available for viewing on its website. (c) For purposes of identifying the location of coal seams described under subsection (a)(3), an owner, lessee, or other person with the right to develop a coal seam by underground mining methods may submit the following to the division of reclamation: (1) A map prepared by a professional engineer licensed under IC 25-31, or a geologist licensed under IC 25-17.6, identifying the coal seam or coal seams by name and showing all of the following: (A) The location of coal that the owner or lessee controls by deed, lease, or other instrument for later commercial production. (B) The location of coal that is in an area targeted for later commercial production. (C) The location of the coal seam or seams of interest. (D) The approximate depth and thickness of the coal seam or seams of interest. (E) The location of a coal seam that is associated with a mine referred to under subsection (a)(1) or (a)(2) that is projected to be mined in the future even though the coal seam is outside the boundary of the current permitted area. (2) An affidavit signed by a professional engineer licensed under IC 25-31 or a geologist licensed under IC 25-17.6 that states any coal seam identified on the map: (A) can be mined using generally accepted underground mining practices; and (B) is of sufficient quantity and quality to be commercially saleable. (d) As provided under IC 14-37-7-8, except for the name of the person and coal owner or lessee who filed the map and affidavit under subsection (c), the division of reclamation shall maintain the map and affidavit as confidential. (e) Upon: (1) inquiry from a person with an interest in oil and gas exploration or drilling operations; or (2) receipt of a permit application for a well for oil and gas purposes; the division of reclamation shall determine if the proposed well location is in an area underlain by commercially minable coal seams identified under this section.