Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 105.5. (a) This section contains permitting requirements to implement section 114(d) of this rule. Any person who submits a permit application to conduct surface coal mining operation on lands eligible for remining must comply with this section.

(b) Any application for a permit under this section shall be made according to all requirements of this rule applicable to surface coal mining and reclamation operations. The application shall contain the following:

1. (1) To the extent not otherwise addressed in the permit application, an identification of potential environmental and safety problems related to prior mining activity at the site that could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation that shall include the following:

   1. (A) Visual observation at the site.
   2. (B) A record review of past mining at the site.
   3. (C) Environmental sampling tailored to current site conditions.
2. (2) With regard to potential environmental and safety problems referred to in subdivision (1), a description of the mitigative measures that will be taken to ensure that the applicable reclamation requirements of the regulatory program can be met.

(c) The requirements of this section shall not apply after September 30, 2004.

(Natural Resources Commission; 312 IAC 25-4-105.5; filed Apr 1, 2004, 3:00 p.m.: 27 IR 2451, eff Jan 1, 2005; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)