Section 312IAC25-4-117. Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; permit approval or denial actions

   (a) The director shall approve, require modification of, or deny all applications for permits on the basis of the following qualifications:

(1) Complete applications for permits and revisions or renewals thereof.

(2) Public participation as provided for in this article.

(3) Compliance with any applicable provisions of sections 98 through 107 of this rule.

(4) Processing and review of applications as required by sections 108 through 116 of this rule, this section, and sections 119 through 121 of this rule.

  (b) The director shall take action, as required under subsection (a), within the following times:

(1) Except as provided for in subdivision (2), a complete application submitted to the director after the time required under section 5(a) of this rule and in accordance with section 5(b) of this rule shall be processed by the director, so that an application is approved or denied within the following terms:

(A) If an informal conference has been held under section 112 of this rule, within sixty (60) days of the close of the conference.

(B) If no informal conference has been held under section 112 of this rule, then within the time frames specified in section 5 of this rule.

(2) Not withstanding any other provision of this section, no time limit under IC 14-34 or this section requiring the director to act shall expire from the time a proceeding is initiated under section 114(c) of this rule until a final agency determination under IC 4-21.5 and IC 14-34-2-2 has been made.

  (c) If an informal conference is held under section 112 of this rule, the director shall give written findings to the permit applicant and to each person who is a party to the conference, approving, modifying, or denying the application in whole, or in part, and stating the specific reasons therefor in the decision.

  (d) If no such informal conference has been held, the director shall give its written findings to the permit applicant, approving, modifying, or denying the application in whole, or in part, and stating the specific reasons in the decision.

  (e) Simultaneously, the director shall do the following:

(1) Give a copy of the decision to each person and government official who filed a written objection or comment with respect to the application and the local office of surface mining.

(2) Publish a summary of the decision in a newspaper of general circulation in the general area of the proposed operation.

  (f) Within ten (10) days after the granting of a permit, including the filing of the performance bond or other equivalent guarantee that complies with 312 IAC 25-5, the director shall notify the local government officials in the local political subdivision in which the land to be affected is located that a permit has been issued and shall describe the location of the lands within the permit area. (Natural Resources Commission; 312 IAC 25-4-117; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3490, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA)