Section 312IAC25-4-77. Underground mining permit applications; environmental resources information; land use

   (a) The application shall contain the following:

(1) A map or aerial photograph showing, and a supporting narrative of, the uses of the land, including vegetative types, existing at the time of the filing of the application. If the premining use of the land was changed within five (5) years before the anticipated date of beginning the proposed operations, the historic use of the land shall be described.

(2) A narrative of land capability and productivity, in conjunction with other environmental resources information required under sections 67 through 76 of this rule, this section, and sections 78 through 80 of this rule. The narrative shall provide analysis or explanation of the following:

(A) The relative capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative types and plant communities, and the hydrology of the proposed permit area.

(B) The productivity of the proposed permit area before mining expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States Department of Agriculture, state agricultural universities, or appropriate state natural resource or agricultural agencies.

(C) Whether the proposed permit area has been previously mined and, if so, the following information:

(i) The type of mining method used.

(ii) The coal seams or other mineral strata mined.

(iii) The extent of coal or other minerals removed.

(iv) The approximate dates of past mining.

(v) The uses of the land preceding mining.

  (b) The map or photograph shall indicate the proposed permit area that has been previously mined.

  (c) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit area and adjacent areas. (Natural Resources Commission; 312 IAC 25-4-77; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3468, 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)