Section 312IAC25-4-119. Review, public participation, and approval or disapproval of permit applications; permit terms and conditions; permit terms

   (a) Each permit shall be issued for a fixed term not to exceed five (5) years. A longer fixed permit term may be granted by the director if:

(1) the application is full and complete for the specified longer term and complies with this article; and

(2) the applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed, in writing, by the applicant's proposed source for the financing.

  (b) A permit shall terminate if the permittee has not commenced the surface coal mining and reclamation operation covered by the permit within three (3) years of the issuance of the permit. The director may grant a reasonable extension of time for commencement of these operations, upon receipt of a written statement showing that an extension is necessary, if:

(1) litigation precludes the commencement or threatens substantial economic loss to the permittee; or

(2) there are conditions beyond the control and without the fault or negligence of the permittee.

With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated. An extension of time granted by the director under this subsection shall be specifically set forth in the permit, and notice of the extension shall be made to the public.

  (c) Permits may be ordered suspended, revoked, or modified by the director in accordance with the following:

(1) Sections 99 through 101, 103, and 122 of this rule.

(2) 312 IAC 25-7-1 through 312 IAC 25-7-4.

(3) 312 IAC 25-7-7.

(4) 312 IAC 25-7-13 through 312 IAC 25-7-21.

(Natural Resources Commission; 312 IAC 25-4-119; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3491, 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)