reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-15 - "Augmented seeding, fertilization, or irrigation" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 15.
"Augmented seeding, fertilization, or irrigation" means
				  seeding, fertilizing, or irrigating in excess of normal agronomic practices
				  within the region.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-16 - "B horizon" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 16.
"Bhorizon" means the mineral layer that is typically
				  immediately beneath the A horizon. The B horizon commonly contains more clay,
				  iron, or aluminum than the A horizon or the C horizon.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-17 - "Best technology currently available" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 17.
(a) "Best
				technology currently available" means equipment, devices, systems, methods, or
				techniques that will:
(1) prevent, to the
				extent possible, additional contributions of suspended solids to stream flow or
				run-off outside the permit area, but in no event result in contributions of
				suspended solids in excess of requirements set by applicable Indiana or federal
				laws; and
(2) minimize, to the
				extent possible, disturbances and adverse impacts on fish, wildlife, and their
				habitats and achieve enhancement of those resources where
				practicable.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-18 - "Box cut spoil" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 18.
"Box cut spoil" means the spoil created from the initial
				  excavation of a pit or pits that is placed upon the surface of adjacent lands.
				  The term does not include spoil from subsequent excavations that is placed in
				  previously excavated pits.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-19 - "C horizon" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 19.
"Chorizon" means the deepest layer of the soil profile and
				  consists of loose material or weathered rock that is relatively unaffected by
				  biologic activity.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-20 - "Cemetery" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 20.
"Cemetery" means any area of land where human remains are
				  interred.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-21 - "Certified blaster" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 21.
"Certified blaster" means a person who has the following
				  qualifications:
(1) Has twelve (12)
				months or more experience in blasting operations under the immediate
				supervision of an experienced blaster.
(2) Has completed an approved training course
				in blasting technology.
(3) Has
				successfully passed the blaster certification examination.
(4) Holds a valid certificate issued by the
				director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-22 - "Coal" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 22.
"Coal" means combustible carbonaceous rock classified as
				  bituminous or subbituminous by ASTM Standard D 388-77.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-23 - "Coal exploration" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 23.
"Coal exploration" means the field gathering of:
(1) surface or subsurface geologic, physical,
				or chemical data by trenching, drilling, geophysical, or other techniques
				necessary to determine the quality and quantity of overburden and coal of an
				area; or
(2) environmental data to
				establish the condition of an area before beginning surface coal mining and
				reclamation operations under the requirements of this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-24 - "Coal mine waste" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 24.
"Coal mine waste" means coal processing waste and underground
				  development waste.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-25 - "Coal preparation" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 25.
"Coal preparation" means leaching, chemical processing,
				  physical processing, cleaning, concentrating, or any other method for
				  processing or preparing coal.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-26 - "Coal preparation plant" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 26.
(a) "Coal
				preparation plant" means a facility or collection of facilities that perform
				coal preparation.
(b) A coal
				preparation plant includes each of the following:
(1) Loading facilities.
(2) Storage and stockpile
				facilities.
(3) Sheds.
(4) Shops and other buildings.
(5) Water treatment and water storage
				facilities.
(6) Settling basins and
				impoundments.
(7) Coal processing
				and other waste disposal areas.
(8)
				Roads, railroads, and other transport facilities.
(9) Other associated support
				facilities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-27 - "Coal processing waste" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 27.
"Coal processing waste" means earth materials that are
				  separated from the product coal during cleaning, concentrating, or other
				  processing or preparation of coal.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-28 - "Combustible material" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 28.
"Combustible material" means organic material that is capable
				  of burning, either by fire or through oxidation, accompanied by the evolution
				  of heat and a significant temperature rise.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-29 - "Commission" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC
				  14-10-1-1;
				  IC 14-34
Sec. 29.
"Commission" refers to the natural resources commission
				  established under IC
				  14-10-1-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-30 - "Community or institutional building" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 30.
"Community or institutional building" means a structure,
				  other than a public building or an occupied dwelling, that:
(1) is used primarily for meetings,
				gatherings, or functions of local civic organizations or other community
				groups;
(2) functions as an
				educational, cultural, historic, religious, scientific, correctional, mental
				health care, or physical health care facility; or
(3) is used for:
(A) water supply;
(B) power generation;
(C) sewage treatment; or
(D) other public services.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-31 - "Compaction" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 31.
"Compaction" means increasing the density of a material by
				  reducing the voids between the particles.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-32 - "Complete application" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 32.
"Complete application" means an application for a permit or
				  exploration approval that contains all information required under IC 14-34 and
				  this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-32.5 - "Control or controller" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 32.5.
"Control or controller", for purposes of
				  312
				  IAC 25-4-17,
				  312
				  IAC 25-4-18,
				  312
				  IAC 25-4-58,
				  312
				  IAC 25-4-59,
				  312
				  IAC 25-4-114,
				  312 IAC
				  25-4-115.1,
				  312
				  IAC 25-4-122.1 through
				  312
				  IAC 25-4-122.3,
				  312
				  IAC 25-4-133, and
				  312 IAC
				  25-7-5, means the following:
(1) A permittee of a surface coal mining
				operation.
(2) An operator of a
				surface coal mining operation.
(3)
				Any person who has the ability to determine the manner in which a surface coal
				mining operation is conducted.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-33 - "Cropland" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 33.
"Cropland" means land used for the production of adapted
				  crops for harvest, alone or in a rotation with grasses and legumes, and
				  includes row crops, small grain crops, hay crops, nursery crops, orchard crops,
				  and other similar specialty crops. Land used for facilities in support of a
				  cropland farming operation, which is adjacent to or an integral part of the
				  operation, is also included.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-34 - "Cumulative impact area" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 34.
"Cumulative impact area" means the area, including the permit
				  area, within which impacts resulting from a proposed operation may interact
				  with the impacts of all anticipated mining on surface and ground water systems.
				  Anticipated mining includes the entire projected lives through final bond
				  release of the following:
(1) The
				proposed operation.
(2) Existing
				operations.
(3) Any operation for
				which a permit application has been submitted to the department.
(4) Any operation that must meet development
				requirements for leased federal coal for which actual mine development
				information is available.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-35 - "Cumulative measurement period" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 35.
(a)
				"Cumulative measurement period" means, for purposes of 312 IAC 25-2, the period
				of time over which both cumulative production and cumulative revenue are
				measured.
(b) For purposes of
				determining the beginning of the cumulative measurement period, subject to
				approval by the director, the operator must select and consistently use one (1)
				of the following:
(1) For mining areas where
				coal or other minerals were extracted prior to August 3, 1977, the date
				extraction of coal or other minerals commenced at that mining area or August 3,
				1977.
(2) For mining areas where
				extraction of coal or other minerals commenced on or after August 3, 1977, the
				date extraction of coal or other minerals commenced at that mining area,
				whichever is earlier.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-36 - "Cumulative production" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 36.
"Cumulative production" means, for purposes of 312 IAC 25-2,
				  the total tonnage of coal or other minerals extracted from a mining area during
				  the cumulative measurement period. The inclusion of stockpiled coal and other
				  mineral tonnages is governed by
				  312
				  IAC 25-2-10.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-37 - "Cumulative revenue" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 37.
"Cumulative revenue" means, for purposes of 312 IAC 25-2, the
				  total revenue derived from the sale of coal or other minerals and the fair
				  market value of coal or other minerals transferred or used, but not sold,
				  during the cumulative measurement period.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-38 - "Department" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC
				  14-9-1-1;
				  IC 14-34
Sec. 38.
"Department" refers to the department of natural resources
				  established under IC
				  14-9-1-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-39 - "Developed water resources" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 39.
"Developed water resources" means land that is used for
				  storing water for beneficial purposes, including the following:
(1) Stock ponds.
(2) Irrigation.
(3) Fire protection.
(4) Flood control.
(5) Water supply.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-40 - "Director" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 40.
"Director" refers to the director of the department of
				  natural resources (or an authorized representative of the director).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-41 - "Disturbed area" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 41.
"Disturbed area" means an area where vegetation, topsoil, or
				  overburden is removed or upon which topsoil, spoil, coal processing waste,
				  underground development waste, or noncoal waste is placed by surface coal
				  mining operations. Those areas are classified as disturbed until reclamation is
				  complete and the performance bond or other assurance of performance is
				  released.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-42 - "Diverse vegetation" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 42.
"Diverse vegetation" means two (2) or more plant species that
				  provide effective and permanent vegetative cover, compatible with the
				  postmining land use, soils, and climate.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-43 - "Diversion" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 43.
"Diversion" means a channel, embankment, or other manmade
				  structure constructed to divert water from one (1) area to
				  another.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-44 - "Downslope" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 44.
"Downslope" means the land surface between the projected
				  outcrop of the lowest coalbed being mined along each highwall and a valley
				  floor.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-45 - "Drinking, domestic, or residential water supply" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30
				  CFR 701.5
Sec. 45.
"Drinking, domestic, or residential water supply" means water
				  received from a well or spring and any appurtenant delivery system that
				  provides water for direct human consumption or household use. Wells and springs
				  that serve only agricultural, commercial, or industrial enterprises are not
				  included except to the extent the water supply is for direct human consumption,
				  human sanitation, or domestic use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-45.5 - "Drinking water well" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 45.5.
"Drinking water well", for the purposes of
				  312
				  IAC 25-6-12.5 and
				  312
				  IAC 25-6-76.5, means a bored, drilled, or driven shaft
				  or a dug hole that meets each of the following:
(1) Supplies ground water for human
				consumption.
(2) Has a depth
				greater than its largest surface dimension.
(3) Is not permanently abandoned under
				312 IAC
				13-10-2.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-46 - "Embankment" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 46.
"Embankment" means an artificial deposit of material that is
				  raised above the natural surface of the land and used to contain, divert, or
				  store water, support roads, or railways, or for other similar purposes.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-47 - "Ephemeral stream" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 47.
"Ephemeral stream" means a stream that:
(1) flows only in direct response to
				precipitation in the immediate watershed or in response to the melting of a
				cover of snow and ice; and
(2) has
				a channel bottom that is always above the local water table.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-48 - "Excess spoil" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 48.
"Excess spoil" means spoil material disposed of in a location
				  other than the mined-out area; provided that spoil material used to achieve the
				  approximate original contour or to blend the mined-out area with the
				  surrounding terrain in accordance with
				  312 IAC
				  25-6-34,
				  312
				  IAC 25-6-50,
				  312
				  IAC 25-6-98, and
				  312
				  IAC 25-6-112 in nonsteep slope areas shall not be
				  considered excess spoil.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-49 - "Existing structure" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 49.
"Existing structure" means a structure or facility used in
				  connection with, or to facilitate, surface coal mining and reclamation
				  operations for which construction begins prior to the implementation of IC
				  14-34.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-50 - "Extraction of coal as an incidental part" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 50.
"Extraction of coal as an incidental part" means, for
				  purposes of
				  312
				  IAC 25-2-3, the extraction of coal which is necessary
				  to enable the construction to be accomplished. Only that coal extracted from
				  within the right-of-way, in the case of a road, railroad, utility line, or
				  other such construction, or within the boundaries of the area directly affected
				  by other types of government-financed construction, may be considered
				  incidental to that construction.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-51 - "Federal land" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 51.
"Federal land" means any land, including mineral interests
				  owned by the United States, without regard to how the United States acquired
				  ownership of the lands or which agency manages the lands.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-51.5 - "Federal Office of Surface Mining Applicant/Violator System Office" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 51.5.
"Federal Office of Surface Mining Applicant/Violator System
				  Office" means the U.S. Department of Interior, Office of Surface Mining office
				  that maintains the applicant/violator system.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-52 - "Fish and wildlife habitat" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 52.
"Fish and wildlife habitat" means land dedicated wholly or
				  partially to the production, protection, or management of species of fish or
				  wildlife.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-53 - "Forestry" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 53.
"Forestry" means land used or managed for the long term
				  production of wood, wood fiber, or wood derived products. Land used for
				  facilities in support of a forest harvest and management operation, which is
				  adjacent to or an integral part of the operation, is also included.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-54 - "Fragile lands" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-18-3
Sec. 54.
"Fragile lands" means geographic areas containing natural,
				  ecologic, scientific, or aesthetic resources that could be damaged or destroyed
				  by surface coal mining operations. Examples of fragile lands include the
				  following:
(1) Valuable habitats for
				fish or wildlife.
(2) Critical
				habitats for endangered or threatened species of animals or plants.
(3) Uncommon geologic formations.
(4) Paleontological sites.
(5) National natural landmarks.
(6) Areas where mining may cause
				flooding.
(7) Environmental
				corridors containing a concentration of ecologic and aesthetic
				features.
(8) Areas of recreational
				value due to high environmental quality.
(9) Buffer zones adjacent to the boundaries
				of areas where surface coal mining operations are prohibited under IC
				14-34-18-3 and
				312 IAC
				25-3-1 through
				312 IAC
				25-3-2.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-55 - "Fugitive dust" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 55.
"Fugitive dust" means particulate matter not emitted from a
				  duct or stack that becomes airborne due to the forces of wind or surface coal
				  mining and reclamation operations, or both, during emissions from any of the
				  following:
(1) Haul roads.
(2) Wind erosion of exposed surfaces, storage
				piles, and spoil piles.
(3)
				Reclamation operations.
(4) Other
				activities in which material is either removed, stored, transported, or
				redistributed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-56 - "General area" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 56.
"General area" with respect to hydrology, means the
				  topographic and ground water basin surrounding a permit area that is of
				  sufficient size, including area, extent, and depth, to include one (1) or more
				  watersheds containing perennial streams and ground water zones and to allow
				  assessment of the probable cumulative impacts on the quality and quantity of
				  surface and ground water systems in the basins.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-57 - "Government-financed construction" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-34-2-1
Affected: IC 14-34
Sec. 57.
"Government-financed construction" means construction funded
				  at fifty percent (50%) or more by funds appropriated from a government
				  financing agency's budget or obtained from general revenue bonds. Government
				  financing at less than fifty percent (50%) may qualify if the construction is
				  undertaken as an approved reclamation project under Title IV of the Federal
				  Surface Mining Control and Reclamation Act of 1977 (
				  30 U.S.C.
				  1201 through
				  30
				  U.S.C. 1328) and IC 14-34-19. Construction funded through:
(1) a government financing agency
				guarantee;
(2) insurance;
(3) a loan;
(4) funds obtained through industrial revenue
				bonds or their equivalent; or
(5)
				an in-kind payment; does not qualify as government-financed construction.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-58 - "Government financing agency" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 58.
"Government financing agency" means a federal, Indiana,
				  county, municipal, or local unit of government, or a department, bureau,
				  agency, or office of the unit that directly or through another unit of
				  government, finances construction.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-59 - "Ground cover" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 59.
"Ground cover" means the area of ground that is covered by
				  the combined aerial parts of vegetation and the litter that is produced
				  naturally onsite, expressed as percentage of the total area of measurement. At
				  least ninety-five percent (95%) of the species present must be species listed
				  in the revegetation plan.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-60 - "Ground water" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 60.
"Ground water" means subsurface water that fills available
				  openings in rock or soil materials to the extent that they are considered
				  water-saturated.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-60.5 - "Ground water management zone" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 60.5.
"Ground water management zone" means a three (3) dimensional
				  region of ground water around a potential or existing contaminant source where
				  a contaminant is or was managed to prevent or mitigate deterioration of ground
				  water quality such that the criteria established in
				  312
				  IAC 25-6-12.5(a)  or
				  312
				  IAC 25-6-76.5(a)  are met at and
				  beyond the boundary of the region.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-61 - "Half-shrub" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 61.
"Half-shrub" means a perennial plant with a woody base whose
				  annually produced stems die each year.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-62 - "Head-of-hollow fill" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 62.
"Head-of-hollow fill" means a fill structure consisting of
				  any material, other than a coal processing waste and organic material, placed
				  in the uppermost reaches of a hollow where side slopes of the existing hollow
				  measured at the steepest point are greater than twenty (20) degrees or the
				  average slope of the profile of the hollow from the toe of the fill to the top
				  of the fill is greater than ten (10) degrees. In fills with less than two
				  hundred fifty thousand (250,000) cubic yards of material, associated with steep
				  slope mining, the top surface of the fill will be at the elevation of the coal
				  seam. In all other head-of-hollow fills, the top surface of the fill, when
				  completed, is at approximately the same elevation as the adjacent ridge line
				  and no significant area of natural drainage occurs above the fill draining into
				  the fill areas.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-63 - "High level management" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 63.
"High level management" means that the following agronomic
				  practices must be implemented:
(1)
				Using cropping systems that help maintain good tilth and high organic matter
				content.
(2) Controlling erosion
				through conservation and water management practices so that the quality of the
				soil is maintained or improved rather than reduced.
(3) Applying lime and fertilizer in
				accordance with soil test recommendations of the state agricultural experiment
				station for targeted yields of reference crops.
(4) Using crop residue to the fullest extent
				practicable to protect and improve the soil.
(5) Following conservation tillage practices
				where needed to reduce the hazards of soil compaction and erosion.
(6) Using only the crop varieties that are
				adapted to the climate and the soil.
(7) Controlling weeds, plant diseases, and
				harmful insects by currently accepted management techniques.
(8) Draining wet areas using surface or
				subsurface drainage systems so that excess water on or in the soil does not
				restrict yields of adapted crops.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-64 - "Highwall" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 64.
"Highwall" means the face of exposed overburden and coal in
				  an open cut of a surface coal mining activity or for entry to underground
				  mining activities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-65 - "Historic lands" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 65.
"Historic lands" means areas containing historic, cultural,
				  or scientific resources. Examples of historic lands include the
				  following:
(1) Archaeological
				sites.
(2) National historic
				landmark sites.
(3) Properties
				listed on, or eligible for listing on, the Indiana state register of historic
				sites and structures or the National Register of Historic Places.
(4) Sites having religious or cultural
				significance to native Americans or religious groups.
(5) Properties for which historic designation
				is pending.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-66 - "Historically used for cropland" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 66.
"Historically used for cropland" means any of the
				  following:
(1) Lands that have been
				used for cropland for any five (5) years or more out of the ten (10) years
				immediately preceding the acquisition, including purchase, lease, or option, of
				the land for the purpose of conducting or allowing through resale, lease, or
				option the conduct of surface coal mining and reclamation operations.
(2) Lands that the director determines, on
				the basis of additional cropland history of the surrounding lands and the lands
				under consideration, that the permit area is clearly cropland but falls outside
				the specific 5-years-in-10 criterion, in which case the regulations for prime
				farmland may be applied to include more years of cropland history only to
				increase the prime farmland acreage to be preserved.
(3) Lands that would likely have been used as
				cropland for any five (5) out of the last ten (10) years, immediately preceding
				such acquisition but for the same fact of ownership or control of the land
				unrelated to the productivity of the land.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-67 - "Hydrologic balance" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 67.
"Hydrologic balance" means the relationship between the
				  quality and quantity of water inflow to water outflow from and water storage in
				  a hydrologic unit, such as a drainage basin, aquifer, soil zone, lake, or
				  reservoir. It encompasses the dynamic relationships among precipitation,
				  run-off, evaporation, and changes in ground and surface water storage.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-68 - "Hydrologic regime" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 68.
"Hydrologic regime" means the entire state of water movement
				  in a given area. It is a function of the climate and includes the phenomena by
				  which water first occurs as atmospheric water vapor, passes into a liquid or
				  solid form, falls as precipitation, moves along or into the ground surface, and
				  returns to the atmosphere as vapor by means of evaporation and transpiration.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-69 - "Imminent danger to the health and safety of the public" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 69.
"Imminent danger to the health and safety of the public"
				  means the existence of a condition or practice, or a violation of a permit or
				  another requirement of IC 14-34 in a surface coal mining and reclamation
				  operation, which could reasonably be expected to cause substantial physical
				  harm to persons outside the permit area before the condition, practice, or
				  violation can be abated. A reasonable expectation of death or serious injury
				  before abatement exists if a rational person, subjected to the same condition
				  or practice giving rise to the peril, would avoid exposure to the danger during
				  the time necessary for abatement.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-70 - "Impounding structure" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 70.
"Impounding structure" means a dam, embankment, or other
				  structure used to impound water, slurry, or another liquid or semiliquid
				  material.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-71 - "Impoundment" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 71.
"Impoundment" means a closed basin, naturally formed or
				  artificially built, which is dammed or excavated for the retention of water,
				  sediment, or waste.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-72 - "In situ process" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 72.
"In situ process" means an activity conducted on the surface
				  or underground in connection with inplace distillation, retorting, leaching, or
				  other chemical or physical processing of coal. The term includes, but is not
				  limited to, the following:
(1) In situ
				gasification.
(2) In situ
				leaching.
(3) Slurry
				mining.
(4) Solution
				mining.
(5) Borehole
				mining.
(6) Fluid recovery
				mining.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-73 - "Industrial/commercial" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 73.
"Industrial/commercial" means land used for the
				  following:
(1) Extraction or
				transformation of materials for the fabrication of products, including all
				heavy and light manufacturing facilities, such as:
(A) lumber and wood processing;
(B) chemical manufacturing;
(C) petroleum refining; and
(D) fabricated metal products manufacturing.
Land used for facilities in support of an operation, which is
				  adjacent to or an integral part of the operation, is also included. Support
				  facilities include all rail, road, and other transportation facilities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-74 - "Intermittent stream" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 74.
"Intermittent stream" means a stream or reach of a stream
				  that:
(1) drains a watershed of at
				least one (1) square mile; or
(2)
				is below the local water table for at least some part of the year and obtains
				its flow from both surface run-off and ground water discharge.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-75 - "Irreparable damage to the environment" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 75.
"Irreparable damage to the environment" means any damage to
				  the environment that cannot be or has not been corrected by actions of the
				  applicant.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-75.1 - "Knowing or knowingly" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 75.1.
"Knowing or knowingly" means that a person who authorized,
				  ordered, or carried out an act or omission knew or had reason to know that the
				  act or omission would result in either a violation or a failure to abate or
				  correct a violation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-75.5 - "Land eligible for remining" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-19
Sec. 75.5.
"Lands eligible for remining" means, for the purposes of
				  312
				  IAC 25-4-105.5,
				  312
				  IAC 25-4-114,
				  312
				  IAC 25-4-115, and
				  312 IAC
				  25-5-7, those lands eligible for funding under IC
				  14-34-19 or
				  30 U.S.C.
				  1232(g)(4).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-76 - "Land occasionally cut for hay" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 76.
"Land occasionally cut for hay" means pastureland.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-77 - "Land use" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 77.
"Land use" means a specific use or management-related
				  activity, rather than the vegetation or cover of the land. Land uses may be
				  identified in combination when joint or seasonal uses occur. The categories of
				  land use are as follows:
(1)
				Cropland.
(2) Developed water
				resource.
(3) Fish and wildlife
				habitat.
(4) Forestry.
(5) Industrial or commercial.
(6) Pastureland (or land occasionally cut for
				hay).
(7) Recreation.
(8) Residential.
(9) Undeveloped land.
Changes of land use or uses from one (1) of these categories
				  to another is a change to an alternative land use that is subject to approval
				  by the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-78 - "Litter" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 78.
"Litter" means the detached recognizable portions of the
				  plants under evaluation that cover the ground surface.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-79 - "Material damage" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30
				  CFR 701.5
Sec. 79.
"Material damage", in the context of
				  312
				  IAC 25-4-91 and
				  312
				  IAC 25-6-123, means any:
(1) functional impairment of surface lands,
				features, structures, or facilities;
(2) physical change that has a significant
				adverse impact on the affected land's capability to support any current or
				reasonably foreseeable uses or causes significant loss in production or income;
				or
(3) significant change in the
				condition, appearance, or utility of any structure or facility from its
				presubsidence condition.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-80 - "Mining area" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 80.
"Mining area" means, for purposes of
				  312
				  IAC 25-2-4 through
				  312
				  IAC 25-2-12, an individual excavation site or pit from
				  which coal, other minerals, and overburden are removed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-81 - "MSHA" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 81.
"MSHA" means the Mine Safety and Health Administration.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-82 - "Mulch" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 82.
"Mulch" means vegetation residues or other suitable materials
				  that aid in soil stabilization and soil moisture conservation, thus providing
				  microclimatic conditions suitable for germination and growth.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-83 - "Native species" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 83.
"Native species" means species previously introduced and
				  adapted in the general vicinity of the coal producing region in Indiana.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-84 - "Natural hazard lands" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 84.
"Natural hazard lands", for purposes of
				  312 IAC 25-3-3 through
				  312 IAC 25-3-5, means
				  a geographic area in which natural conditions exist that pose or, as a result
				  of surface coal mining operations, may pose a threat to the health, safety, or
				  welfare of people, property, or the environment, including areas subject to the
				  following:
(1) Landslides.
(2) Cave-ins.
(3) Large or encroaching sand
				dunes.
(4) Severe wind or soil
				erosion.
(5) Frequent
				flooding.
(6) Avalanches.
(7) Areas of unstable geology.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-85 - "Noncommercial building" defined

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30
				  CFR 701.5
Sec. 85.
"Noncommercial building" means any building other than an
				  occupied residential dwelling that at the time the subsidence occurs is used on
				  a regular or temporary basis as a public building or community or institutional
				  building, as those terms are defined under sections 30 and 111 of this rule.
				  Any building used only for commercial agricultural, industrial, retail, or
				  other commercial enterprises is excluded.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 1 - Definitions › Section 1-86 - "Noxious weeds" defined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 86.
"Noxious weeds" means species that have been included on an
				  official Indiana list of noxious weeds.