Authority: IC 14-37-3

Affected: IC 4-21.5; IC 14-37

Sec. 2. (a) A coal seam, other than a seam described in section 1 of this rule, may also be considered a commercially minable coal resource if information is submitted to the division of reclamation showing that the coal seam meets all of the following criteria:

1. (1) Based on core analysis information or other reliable methods, the coal seam is believed to be minable using generally accepted underground practices and suitable equipment.
2. (2) Based on sufficient core data or other reliable sources of information, it is likely that the coal exists in sufficient quantities and is of sufficient quality to be commercially saleable.

3. (3) The seam is:

   1. (A) at least thirty-six (36) inches thick; and
   2. (B) located not more than eight hundred (800) feet below the surface.

(b) A submittal under this section must include the following:

1. (1) A map depicting the boundary of the area within which the designated coal seam is believed to be commercially minable based on core data or other site specific investigations.
2. (2) A description of the source and type of data used to support the determination the designated coal seam is believed to be of sufficient quantity and quality to be considered commercially minable.
3. (3) The name, address, and qualifications of the person submitting the information.

(c) After consultation with the Indiana geological survey and the division of reclamation, including a review of coal information reports published by the Indiana geological survey, the division of reclamation will determine whether there is a sufficient basis to consider a coal seam under this section to be a commercially minable coal resource.

(d) A person with either:

1. (1) an interest in drilling a well for oil and gas purposes; or
2. (2) an existing well for oil and gas purposes;

in an area with commercially minable coal identified under this section, may rebut the determination in a proceeding conducted under IC 4-21.5.

(Natural Resources Commission; 312 IAC 29-17-2; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR-312220328RFA; errata filed Mar 18, 2026, 9:59 a.m.: 20260325-IR-312260094ACA)