312 IAC 29-2-28 "Commercially minable coal resource" defined

Sec. 28. (a) "Commercially minable coal resource" means a seam of coal that: (1) can be mined using generally accepted underground practices and suitable equipment; and (2) consists of coal in sufficient quantities and of sufficient quality to be commercially saleable. (b) The term includes a seam of coal to which one (1) or more of the following apply: (1) The seam is: (A) associated with an underground mine permitted under IC 14-34; and (B) specifically intended to be mined under the permit. (2) The seam is associated with an inactive underground mining operation at which mining operations: (A) have temporarily ceased; and (B) are anticipated to be resumed by the person with the right to develop the seam. (3) The seam is identified as a commercially minable coal resource by the coal owner or coal lessee of the seam by a map accompanied by an affidavit that: (A) is filed with the division of reclamation; and (B) states that the coal in the seam is being held for later commercial production. (4) The seam is: (A) at least thirty-six (36) inches thick; and (B) located not more than eight hundred (800) feet below the surface.