(A)   Purpose. Regulations governing coal extraction activities within an urban area as defined in I.C. 36-7-4-1103 are for the purposes of permitting the economic recovery of the maximum amount of mineral resources while protecting public health, safety and welfare from dangers and nuisances which might be created by these activities.
   (B)   Submission requirements. The following information shall be submitted to the Commission with the application for a development plan for coal extraction operations:
      (1)   A copy of the approved permit from the State Department of Natural Resources (IDNR) for a coal mining permit; and
      (2)   Supporting documentation for any of the following that are not included in the IDNR permit documents noted in division (B)(1) above:
         (a)   A map of existing conditions showing the lands proposed to be included in the territory planned for extraction of coal, sand, gravel or other materials and the operational facility, if any, for the excavating, processing and distribution of the minerals (hereinafter called "plant area") and the lands within 1,000 feet in all directions. This map shall show the boundaries of the entire site and of the extraction area and existing conditions, including the following:
            1.   Existing contours, with a contour interval appropriate to the site, which accurately reflects the topographic condition, usually ten feet;
            2.   Water bodies and drainage courses;
            3.   Depth of water table;
            4.   Estimate of depth and extent of deposit;
            5.   Current use of adjoining lands (residential, commercial, industrial, institutional, recreation, agricultural and the like);
            6.   Current zoning classification of subject and adjoining lands and setback requirements;
            7.   All publicly owned lands;
            8.   Public rights-of-way and the classifications of the roads (arterial, collector, local); and
            9.   Easements and railroad lines.
         (b)   A copy of the operations map depicting the proposed plan of operations.
         (c)   A plan for the rehabilitation and re-use of the entire plant area subsequent to extraction showing the following:
            1.   Proposed plan for landscape rehabilitation including grading, drainage, planting and similar appropriate installations;
            2.   Proposed water area (if any) resulting from excavation; and
            3.   Proposed plan of functional re-use of the total plant area showing future locations of residential, commercial, industrial, public, semi-public and other land uses, if any, and the principal elements of a future traffic circulation system to serve the area. Sufficient information shall be provided to enable the Commission to determine the general characteristics of proposed development such as population density ranges, types of commercial or industrial usage, and kinds of public areas.
         (d)   A written statement of operations describing the following:
            1.   Safety and security measures to be used in the plant area;
            2.   Hours of operation;
            3.   Anticipated noise levels from the operation, the time periods and duration of the various noise levels, and any measures proposed to control noise levels; and
            4.   Any proposed methods of controlling dust or other impacts from the operation.
         (e)   Screening: Indicate on a plan drawing the methods and materials that will be used to screen the mine from adjacent residential land uses when required.
   (C)   Development plan approval.
      (1)   Notice shall be given to interested parties and the hearing conducted in accordance with the Commission's rules of procedure.
      (2)   Approval shall not be final until an approved permit for the mine has been issued in writing by the IDNR and copies of the permit have been provided to the Commission.
      (3)   In the event that an approved permit has not been issued at the time of application, the applicant shall provide the Commission a copy of the permit application to the IDNR, along with any and all supporting documentation included in the IDNR permit application. The Commission shall issue approval contingent upon the receipt of the permit from the IDNR.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)