312 IAC 29-17-1 - Identification of commercially minable coal seams
Authority: IC 14-37-3
Affected: IC 14-34; IC 14-37; IC 25-17.6; IC 25-31
Sec. 1.
(a)
Regardless of the depth or thickness of a coal seam, the following are
considered to be commercially minable coal seams:
(1) A coal seam associated with an
underground mine permitted under IC 14-34which is specifically intended to be
mined under the permit.
(2) A coal
seam associated with an inactive underground mining operation permitted under
IC 14-34at which mining operations have temporarily ceased and are anticipated
to be resumed by the person with the right to develop the seam.
(3) A coal seam that has been identified as a
commercially minable coal resource according to the requirements of subsection
(c) by the owner or lessee or other person with the rights to develop the coal
seams as depicted on a map accompanied by an affidavit that:
(A) is filed with the division; and
(B) states the coal in the seam is being held
for later commercial production by underground mining methods.
(b) For purposes of
identifying the location of coal seams described under subsection (a)(1) and
(a)(2), the division shall consult with the division of reclamation
periodically to identify the location of coal seams that are intended to be
mined under a permit issued under IC 14-34for underground coal mining
operations. The division shall make the location of these coal seams available
for viewing on its website.
(c) For
purposes of identifying the location of coal seams described under subsection
(a)(3), an owner, lessee, or other person with the right to develop a coal seam
by underground mining methods may submit the following to the division:
(1) A map prepared by a professional engineer
licensed under IC 25-31, or a geologist licensed under IC 25-17.6, identifying
the coal seam or coal seams by name and showing all of the following:
(A) The location of coal that the owner or
lessee controls by deed, lease, or other instrument for later commercial
production.
(B) The location of
coal that is in an area targeted for later commercial production.
(C) The location of the coal seam or seams of
interest.
(D) The approximate depth
and thickness of the coal seam or seams of interest.
(E) The location of a coal seam that is
associated with a mine referred to under subsection (a)(1) or (a)(2) that is
projected to be mined in the future even though the coal seam is outside the
boundary of the current permitted area.
(2) An affidavit signed by a professional
engineer licensed under IC 25-31or a geologist licensed under IC 25-17.6that
states any coal seam identified on the map:
(A) can be mined using generally accepted
underground mining practices; and
(B) is of sufficient quantity and quality to
be commercially saleable.
(d) As provided under IC
14-37-7-8, except for the name of
the person and coal owner or lessee who filed the map and affidavit under
subsection (c), the division shall maintain the map and affidavit as
confidential.
(e) Upon:
(1) inquiry from a person with an interest in
oil and gas exploration or drilling operations; or
(2) receipt of a permit application for a
well for oil and gas purposes;
the division shall determine if the proposed well location is in an area underlain by commercially minable coal seams identified under this section.
Notes
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