Section 312IAC25-4-58. Underground mining permit applications; identification of interests  


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  •    (a) An application shall contain the following information, except the submission of a Social Security number is voluntary:

    (1) A statement as to whether the applicant is a corporation, partnership, single proprietorship, association, or other business entity.

    (2) The name, address, telephone number, and, as applicable, the Social Security number and employer identification number of the following:

    (A) The applicant.

    (B) The applicant's resident agent.

    (C) The person who will pay the abandoned mine land reclamation fee.

    (3) The following for each person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in 312 IAC 25-1-94 as applicable:

    (A) The person's name, address, Social Security number, and employer identification number.

    (B) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organization structure.

    (C) The title of the person's position, the date the position was assumed, and, when submitted under 312 IAC 25-7-5, the date of departure from the position.

    (D) Each additional name and identifying number, including the following:

    (i) The employer identification number.

    (ii) The federal or state permit number.

    (iii) The MSHA number with the date of issuance, under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within the five (5) years preceding the date of the application.

    (E) The application number or other identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the person in any state in the United States.

    (4) The following for any surface coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in 312 IAC 25-1-94:

    (A) Name, address, and identifying numbers, including the following:

    (i) The employer identification number.

    (ii) The federal or state permit number and MSHA number.

    (iii) The date of issuance of the MSHA number.

    (iv) The regulatory authority.

    (B) Ownership or control relationship to the applicant, including percentage of ownership and location in the organizational structure.

    (5) The name and address of:

    (A) each legal or equitable owner of record of the surface and mineral property to be mined;

    (B) each holder of record of any leasehold interest in the property to be mined; and

    (C) any purchaser of record under a real estate contract for the property to be mined.

    (6) The name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area.

    (7) The MSHA numbers for all mine-associated structures that require MSHA approval.

    (8) A statement of all lands, interest in lands, options, or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application. If requested by the applicant, any information required by this section that is not on public file under Indiana law shall be held in confidence by the director as provided under section 15(b) of this rule.

      (b) After an applicant is notified that the application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under subsection (a)(1) through (a)(4).

      (c) The applicant shall submit the information required by this section and section 59 of this rule in any prescribed format that is issued by the commission, which shall conform to the format requirements of the Office of Surface Mining Reclamation and Enforcement. (Natural Resources Commission; 312 IAC 25-4-58; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3460, 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)