1. (a) A permit terminates if the permittee has not commenced the surface coal mining and reclamation operations covered by the permit within three (3) years of the date of issuance of the permit. With respect to coal to be mined for use in a synthetic fuel facility or a specific major electric generating facility, the permittee's surface mining operation commences when construction of the synthetic fuel or generating facility is initiated.

2. (b) The director may grant a reasonable extension of time to the requirement of subsection (a) upon a showing that an extension is necessary because of any of the following:

   1. (1) Litigation that:

      1. (A) precludes the commencement of operations; or
      2. (B) threatens substantial economic loss to the permittee.

   2. (2) Conditions:

      1. (A) beyond the control; and

      2. (B) without the fault or negligence;

         of the permittee.

3. (c) If a coal lease is issued under the federal Mineral Leasing Act, as amended (30 U.S.C. 187, 193, 201, 203), extensions of time under subsection (b) may not extend beyond the period allowed for diligent development in accordance with the federal Mineral Leasing Act, as amended (30 U.S.C. 187, 193, 201, 203).

   [Pre-1995 Recodification Citation: 13-4.1-5-3.]

As added by P.L.1-1995, SEC.27.