Section 312IAC11-3.5-3. Effectiveness of license to conduct dredging

   (a) Except as provided in subsection (b) and section 5 of this rule, a license to perform dredging expires two (2) years after issuance by the department.

  (b) The deputy director for the bureau of water and resource regulation may extend the duration of a license for one (1) additional period, not to exceed two (2) years, upon receipt of a written request from the license holder that demonstrates one (1) or more of the following:

(1) Extraordinary climatic conditions have prevented completion of the anticipated project.

(2) An unreasonable hazard to navigation or otherwise to public safety is likely to result if an extension is not granted.

(3) Unreasonable detrimental effects upon fish, wildlife, or botanical resources are likely to result if an extension is not granted.

(4) The project cannot be completed within the original period of two (2) years as a result of causes that:

(A) were outside the control of the license holder; and

(B) could not have been avoided by the license holder's exercise of due care.

(Natural Resources Commission; 312 IAC 11-3.5-3; filed Nov 5, 2012, 2:43 p.m.: 20121205-IR-312120270FRA, eff Jul 1, 2013)