reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-27 - Surface mining permit applications; environmental resources information; cultural, historic, and archaeological resources

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 27.
(a) Each
				application shall describe and identify the nature of cultural, historic, and
				archaeological resources in or within one thousand (1,000) feet for the
				proposed permit area. The description shall be based on information obtained
				from the division of historic preservation and archaeology.
(b) The director shall require the applicant
				to submit additional information to describe and identify the nature of
				cultural, historic, and archaeological resources if the director determines
				that sufficient information is not available from the division of historic
				preservation and archaeology to identify the nature of these resources. The
				sources of the information shall include each of the following:
(1) State and local cultural, historic, and
				archaeological preservation agencies.
(2) Research organizations.
(3) Institutions that maintain records of
				cultural, historic, and archaeological resources.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-28 - Surface mining permit applications; environmental resources information; hydrology

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 28.
(a) Each
				application shall contain a description of the hydrology, including water
				quantity and water quality for:
(1) the permit
				area;
(2) the adjacent area;
				and
(3) the general area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-29 - Surface mining permit applications; environmental resources information; fish and wildlife

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-22-34; IC 14-34
Sec. 29.
(a) Each
				application shall include information on fish and wildlife species and their
				habitats present or likely to be present in the permit area and adjacent area,
				based on published literature, information available from state and federal
				fish and wildlife agencies, and any site-specific studies required under
				subsection (b).
(b) Site-specific
				information shall be required by the director as to respective species or
				habitats when the permit area or adjacent area is likely to include any of the
				following:
(1) Species of plants or animals
				listed or proposed to be listed as endangered or threatened or critical
				habitats designated by the Secretary of the United States Department of the
				Interior under the federal Endangered Species Act of 1973, as amended (
				16
				U.S.C. 1531, et seq.).
(2) Species listed by the director as
				endangered under IC 14-22-34.
(3)
				Habitats of unusually high value for fish and wildlife, such as the following:
(A) Important streams.
(B) Wetlands and riparian areas.
(C) Migration routes.
(D) Reproduction areas.
(E) Areas offering special shelter or
				protection.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-30 - Surface mining permit applications; environmental resources information; geology description

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-22-34; IC 14-34
Sec. 30.
(a) Each
				application shall contain geologic information in sufficient detail to assist
				in determining each of the following:
(1) The
				probable hydrologic consequences of the operation upon the quality and quantity
				of surface and ground water in the permit and adjacent areas, including the
				extent to which surface water and ground water monitoring is
				necessary.
(2) All potentially
				acid-forming or toxic-forming strata down to and including the stratum
				immediately beneath the lowest coal seam to be mined.
(3) Whether reclamation as required by this
				article and IC 14-34 can be accomplished and whether the proposed operation has
				been designed to prevent material damage to the hydrologic balance outside the
				permit area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-31 - Surface mining permit applications; environmental resources information; ground water

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 31.
(a) Each
				application shall include the following ground water information for the permit
				area and the adjacent area:
(1) The location
				and extent of each aquifer that may be affected by the mining and the estimated
				level of the water table.
(2) The
				quality of subsurface water encountered.
(3) The location, usage, and ownership of
				existing wells, springs, and other ground water resources.
(4) The estimated recharge capacity of the
				ground water system in the permitted area using available information for such
				areas or for areas with similar hydrologic conditions.
(5) The approximate rates of discharge or
				usage and depth to the water in the coal seam, and each water-bearing stratum
				above and potentially impacted stratum below the coal seam.
(6) A description of the seasonal variation
				in water quantity and water quality in the permit and adjacent areas as
				follows:
(A) Baseline information on seasonal
				water levels.
(B) The following
				water quality parameters:
(i) Total dissolved
				solids in milligrams per liter or specific conductance corrected to twenty-five
				(25) degrees Celsius.
(ii) The pH
				in standard units.
(iii) Any
				required state water quality standards and federal United States Environmental
				Protection Agency effluent limitations.
(iv) Total iron.
(v) Total manganese.
(vi) Acidity and alkalinity.
(vii) Any additional baseline information
				required by the director if the other baseline information requirements of this
				subsection are insufficient to evaluate potential adverse ground water
				impacts.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-32 - Surface mining permit applications; environmental resources information; surface water information

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 32.
(a) Surface
				water information shall include the following:
(1) The name and location of the surface
				stream or tributary that will receive drainage from the permit area.
(2) The location of any discharge into a
				surface water body.
(3) The
				location and ownership of all streams, lakes, ponds, springs, and similar
				surface water bodies within the proposed permit and adjacent areas.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-33 - Surface mining permit applications; environmental resources information; alternative water supply

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 33.
The application shall identify the extent to which the
				  proposed surface mining activities may proximately result in contamination,
				  diminution, or interruption of an underground or surface source of water within
				  the proposed permit area or adjacent areas for domestic, agricultural,
				  industrial, or other legitimate use. If contamination, diminution, or
				  interruption may result, then the description shall contain information on
				  water availability and alternative water sources, including the suitability of
				  alternative water sources for existing premining uses and approved postmining
				  land uses.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-34 - Surface mining permit applications; environmental resources information; climatological factors

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 34.
When requested by the director, the climatological factors
				  that are peculiar to the locality of the land to be affected, including:
(1) the average seasonal
				precipitation;
(2) the average
				direction and velocity of prevailing winds; and
(3) the seasonal temperature ranges; shall be
				included in the application.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-35 - Surface mining permit applications; environmental resources information; soil resources

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 35.
Where the applicant proposes to use selected overburden
				  materials as a supplement or substitute for topsoil, the application shall
				  provide results of the analyses, trials, and tests required under
				  312 IAC
				  25-6-11.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-36 - Surface mining permit applications; environmental resources information; land use information

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 36.
(a) The
				application shall contain:
(1) A map or
				aerial photograph showing, and a supporting narrative of, the uses of the land,
				including vegetative types, existing at the time of the filing of the
				application. If the premining use of the land was changed within five (5) years
				before the anticipated date of beginning the proposed operations, the historic
				use of the land shall be described.
(2) A narrative of land capability and
				productivity in conjunction with other environmental resources information
				required under sections 26 through 35 of this rule, this section, and sections
				37 through 39 of this rule. The narrative shall provide an analysis or
				explanation of the following:
(A) The relative
				capability of the land before any mining to support a variety of uses, giving
				consideration to soil and foundation characteristics, topography, vegetative
				types, and plant communities of the proposed permit area.
(B) The productivity of the proposed permit
				area before mining expressed as average yield of food, fiber, forage, or wood
				products from such lands obtained under high levels of management. The
				productivity shall be determined by yield data or estimates for similar sites
				based on current data from the United States Department of Agriculture, state
				agricultural universities, or appropriate state natural resources or
				agricultural agencies.
(C) Whether
				the proposed permit has been previously mined, and, if so, the following
				information, if available:
(i) The type of
				mining method used.
(ii) The coal
				seams or other mineral strata mined.
(iii) The extent of coal or other mineral
				removed.
(iv) The approximate dates
				of past mining.
(v) The uses of the
				land preceding mining.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-37 - Surface mining permit applications; environmental resources information; maps

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 37.
The permit application shall include maps showing the
				  following information:
(1) All
				boundaries of lands and names of present owners of record of those lands, both
				surface and subsurface, included in or contiguous to the permit area.
(2) The boundaries of land within the
				proposed permit area upon which the applicant has the legal right to enter and
				begin surface mining activities.
(3) The boundaries of all areas proposed to
				be affected over the estimated life of the permit, with a description of size,
				sequence, and timing of the mining of subareas for which it is anticipated that
				additional permits will be sought.
(4) The location of all buildings on and
				within one thousand (1,000) feet of the proposed permit area, with
				identification of the current use of the buildings.
(5) The location of surface and subsurface
				manmade features within, passing through, or passing over the proposed permit
				area, including, but not limited to, the following:
(A) Major electric transmission
				lines.
(B) Pipelines.
(C) Agricultural drainage tile
				fields.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-38 - Surface mining permit applications; environmental resources information; cross sections, maps, and plans

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 38.
The application shall include cross sections, maps, and plans
				  showing the following:
(1) Elevations
				and locations of test borings and core samplings.
(2) Elevations and locations of ground water
				monitoring stations and locations of surface water monitoring stations used to
				gather data for water quality and quantity if required in preparation of the
				application.
(3) Nature, depth, and
				thickness of the coal seams to be mined, any coal or rider seams above the seam
				to be mined, each stratum of the overburden, and the stratum immediately below
				the lowest coal seam to be mined.
(4) All coal crop lines and the strike and
				dip of the coal to be mined within the proposed permit area.
(5) Location and extent of known workings of
				active, inactive, or abandoned underground mines, including mine openings to
				the surface within the proposed permit area and adjacent areas.
(6) Location and extent of subsurface water,
				if encountered, within the proposed permit area or adjacent areas.
(7) Location of surface water bodies such as
				streams, lakes, ponds, springs, constructed or natural drains, and irrigation
				ditches within the proposed permit area and adjacent areas.
(8) Location and extent of existing or
				previously surface mined areas within the proposed permit area.
(9) Location and dimensions of existing areas
				of spoil, waste, and noncoal waste disposal, dams, embankments, other
				impoundments, air pollution control facilities, and water treatment facilities
				within the proposed permit area.
(10) Location and depth if available, of gas
				and oil wells within the proposed permit area and water wells in the permit
				area and adjacent areas.
(11)
				Sufficient slope measurements or cross sectional profiles with slope
				measurements to adequately represent the existing land surface configuration of
				the proposed permit area, measured and recorded according to the following:
(A) Each measurement shall consist of an
				angle of inclination, expressed as a percent, along the prevailing
				slope.
(B) Where the area has been
				previously mined, the measurements shall extend at least one hundred (100) feet
				beyond the limits of mining disturbances.
(C) Slope measurements shall take into
				account natural variations in slope, to provide accurate representation of the
				range of natural slopes and reflect geomorphic differences of the area to be
				disturbed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-39 - Surface mining permit applications; environmental resources information; prime farmland investigation

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 39.
(a) The
				applicant shall contact the United States Soil Conservation Service to
				determine if a soil survey exists for those lands and whether the applicable
				soil map units have been designated as prime farmlands. If no soil survey has
				been made for the lands within the proposed permit area, the applicant shall
				cause such a survey to be made. When a soil survey of lands within the proposed
				permit area contains soil map units that have been designated as prime
				farmlands:
(1) the applicant shall submit an
				application in accordance with section 102 of this rule for such designated
				land; and
(2) after review by the
				United States Soil Conservation Service, the applicant may submit a request for
				negative determination for such designated land with the permit application
				establishing compliance with subsection (b).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-40 - Surface mining permit applications; reclamation and operations plan; general requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 40.
(a) Each
				application shall contain a description of the mining operations proposed to be
				conducted within the proposed permit area and the proposed life of the mine
				area where such information is necessary to demonstrate that reclamation
				required by IC 14-34 can be accomplished by the applicant. The description
				shall include, at a minimum, the following:
(1) A narrative description of the type and
				method of coal mining procedures and proposed engineering techniques,
				anticipated annual and total production of coal, by tonnage, and the major
				equipment to be used for all aspects of those operations.
(2) A narrative explaining the construction,
				modification, use, maintenance, and removal of the following facilities (unless
				retention of such facilities is necessary for postmining land use as specified
				in
				312 IAC
				25-6-64 ):
(A) Dams,
				embankments, and other impoundments.
(B) Overburden and topsoil handling and
				storage areas and structures.
(C)
				Coal removal, handling, storage, cleaning, and transportation areas and
				structures.
(D) Spoil, coal
				processing waste, and noncoal waste removal, handling, storage, transportation,
				and disposal areas and structures.
(E) Mine facilities.
(F) Water and air pollution control
				facilities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-41 - Surface mining permit applications; reclamation and operations plan; existing structures

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 41.
(a) Each
				application shall contain a description of each existing structure proposed to
				be used in connection with or to facilitate the surface coal mining and
				reclamation operation. The description shall include the following:
(1) Location.
(2) Plans or photographs of the structure
				that describe or depict its current condition.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-42 - Surface mining permit applications; blasting plans; monitoring system

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 42.
(a) Each
				application shall contain a blasting plan for the proposed permit area. The
				blasting plan shall include the following:
(1)
				The maximum ground vibration and airblast limits the permittee will not exceed
				during blasting operations.
(2) The
				bases for the establishment of the proposed ground vibration and airblast
				limits.
(3) The methods to be
				applied to control the adverse effects of blasting operations.
(4) Description of the blasting warning and
				site access control equipment and procedures to be used.
(5) Description of the procedures for
				recording and retention of the information required by
				312
				IAC 25-6-33.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-43 - Surface mining permit applications; reclamation and operations plan; maps

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 43.
Each application shall contain maps and plans of the proposed
				  permit and adjacent areas as follows:
(1) The maps and plans shall depict the lands
				proposed to be affected throughout the operation and any change in a facility
				or feature to be caused by the proposed operations if the facility or feature
				was shown under sections 37 and 38 of this rule.
(2) The following shall be shown for the
				proposed permit area and adjacent area within one thousand (1,000) feet:
(A) Buildings, utility corridors, and
				facilities to be used.
(B) The area
				of land to be affected within the proposed permit area according to the
				sequence of mining and reclamation.
(C) Each area of land for which a performance
				bond will be posted under 312 IAC 25-5.
(D) Each coal storage, cleaning, and loading
				area.
(E) Each topsoil, spoil, coal
				waste, and noncoal waste storage area.
(F) Each water diversion, collection,
				conveyance, treatment, storage, and discharge facility to be used.
(G) Each source of waste and each disposal
				facility relating to coal processing or pollution control.
(H) Each facility to be used to protect and
				enhance fish and wildlife and related environmental values.
(I) Each explosive storage and handling
				facility.
(J) Location of each:
(i) siltation structure;
(ii) permanent water impoundment;
(iii) coal processing waste bank;
				and
(iv) coal processing waste dam
				and embankment; in accordance with section 49 of this rule, and fill area for
				the disposal of excess spoil in accordance with section 54 of this
				rule.
(K) Each air
				pollution collection and control facility if required.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-44 - Surface mining permit applications; reclamation and operations plan; air pollution control

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 44.
The permit application under sections 40 through 43 of this
				  rule, this section, and sections 45 through 56 of this rule shall contain one
				  (1) of the following for the proposed mining operation:
(1) A copy of an active Indiana air pollution
				control board operation permit.
(2)
				A copy of a completed application for an Indiana air pollution control board
				operation permit.
(3) A written
				statement from the air pollution control board indicating that such a permit is
				not necessary.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-46 - Surface mining permit applications; reclamation plan; fish and wildlife protection and enhancement

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 46.
Each plan shall describe how the permittee will minimize, to
				  the extent possible using best technology currently available, disturbances and
				  adverse impacts on fish and wildlife and related environmental values during
				  surface coal mining and reclamation operations and how these values will be
				  enhanced where practicable. If the plan does not include enhancement measures,
				  the plan shall explain why such measures are not practicable. The plan shall
				  comply with the following requirements:
(1) The plan shall be consistent with
				312
				IAC 25-6-46.
(2) The plan shall apply, at a minimum, to
				species and habitats identified under section 29 of this rule.
(3) The plan shall include a description of
				the following:
(A) Any measures necessary to
				comply with the federal Endangered Species Act of 1973, as amended (
				16
				U.S.C. 1531, et seq.).
(B) Protective measures that will be used
				during active mining, which may include buffer zones, selective location and
				special design of roads and power lines, and surface water
				monitoring.
(C) Enhancement
				measures that will be used during and after reclamation to develop or improve
				aquatic and terrestrial habitats, such as the following:
(i) Replacement of streams and
				wetlands.
(ii) Retention of ponds,
				impoundments, and depressions that seasonally impound water.
(iii) Establishment of wildlife food and
				cover vegetation.
(iv) Replacement
				of perches and nest boxes.
(v)
				Construction or development of terrain features that provide shelter, cover,
				protection, or nesting places for wildlife species.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-47 - Surface mining permit applications; reclamation and operations plan; reclamation plan; protection of hydrologic balance

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 47.
(a) Each
				reclamation plan shall contain a detailed description, including maps and
				drawings of the measures to be taken during the mining and reclamation process,
				through bond release, to assure the protection of the following:
(1) The quality of surface and ground water
				systems, within the permit area and adjacent area, from adverse effects of the
				mining and reclamation process.
(2)
				The rights of present users of that water.
(3) The quantity of surface and ground water
				systems, within the permit area and adjacent area, from adverse effects of the
				mining and reclamation process or to provide alternative sources of water under
				section 33 of this rule and
				312 IAC
				25-6-25 where the protection of quantity cannot be
				assured.
(4) The prevention of
				material damage outside the permit area.
(5) Compliance with applicable federal and
				state water quality laws and regulations.
(6) The hydrologic balance within the permit
				and adjacent areas.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-48 - Surface mining permit applications; reclamation and operations plan; postmining land uses

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 48.
(a) Each
				plan shall contain a detailed description of the proposed use, following
				reclamation of the land within the proposed permit area, including a discussion
				of the utility and capacity of the reclaimed land to support a variety of
				alternative uses, and the relationship of the proposed use to existing land use
				policies and plans. This description shall explain each of the following:
(1) How the proposed postmining land use is
				to be achieved and the necessary support activities that may be needed to
				achieve the proposed land use.
(2)
				Where a land use different from the premining land use is proposed, all
				materials needed for approval of the alternative use under
				312 IAC
				25-6-64.
(3) The consideration given to making all of
				the proposed surface mining activities consistent with surface owner plans and
				applicable state and local land use plans and programs.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-49 - Surface mining permit applications; reclamation and operations plan; reclamation plan for siltation structures, impoundments, dams, and embankments, and refuse piles

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 49.
(a) Each
				application shall include a general plan and a detailed design plan for each
				proposed siltation structure, water impoundment, and coal processing waste dam,
				embankment, or refuse pile within the proposed permit area. The information
				required shall be provided as follows:
(1)
				Each general plan shall do the following:
(A)
				Be prepared by, or under the direction of, and certified by a qualified
				registered professional engineer or by a professional geologist either of whom
				shall be experienced in the design and construction of impoundments.
(B) Contain a description, map, and cross
				section of the structure and its location.
(C) Contain preliminary hydrologic and
				geologic information required to assess the hydrologic impact of the
				structure.
(D) Contain a survey
				describing the potential effect on the structure from subsidence of the
				subsurface strata resulting from past underground mining operations if
				underground mining has occurred.
(E) Contain a certification statement that
				includes a schedule setting forth the dates when any detailed design plans for
				structures that are not submitted with the general plan will be submitted to
				the director. The director shall have approved, in writing, the detailed design
				plan for a structure before construction of the structure begins.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-50 - Surface mining permit applications; reclamation and operations plan; surface mining near underground mining

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 50.
For surface mining activities within the proposed permit area
				  to be conducted within five hundred (500) feet measured horizontally of an
				  underground mine, the application shall describe the measures to be used to
				  comply with
				  312 IAC
				  25-6-35.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-51 - Surface mining permit applications; reclamation and operations plan; diversions

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 51.
Each application shall contain descriptions, including maps
				  and cross sections, of stream channel diversions and other diversions to be
				  constructed within the proposed permit area to achieve compliance with
				  312
				  IAC 25-6-14 and
				  312
				  IAC 25-6-15.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-52 - Surface mining permit applications; reclamation and operation plan; protection of public parks and historic lands

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 52.
(a) For any
				public parks or any historic lands listed on the National Register of Historic
				Places or the Indiana state register of historic sites and structures that may
				be adversely affected by the proposed operations, each plan shall describe the
				measures to be used:
(1) to prevent adverse
				impacts; or
(2) if valid existing
				rights exist or joint agency approval is to be obtained under
				312 IAC
				25-3-1(3), to minimize adverse
				impacts.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-53 - Surface mining permit applications; reclamation and operations plan; relocation or use of public roads

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 53.
Each application shall describe, with appropriate maps and
				  cross sections, the measures to be used to ensure that the interest of the
				  public and landowners affected are protected if, under
				  312 IAC
				  25-3-1, the applicant seeks to have the director
				  approve:
(1) conducting the proposed
				surface mining activities within one hundred (100) feet of the right-of-way
				line of any public road, except where mine access or haul roads join that
				right-of-way; or
(2) relocating a
				public road.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-54 - Surface mining permit applications; reclamation and operations plan; disposal of excess spoil

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 54.
(a) Each
				application shall contain descriptions, including appropriate maps and cross
				section drawings, of the proposed disposal site and design of the spoil
				disposal structures according to
				312 IAC
				25-6-34.
(b) For excess spoil disposal areas other
				than box cut spoil, the plans shall include the following:
(1) A description of the geotechnical
				investigation design, construction, operations, maintenance, and removal, if
				appropriate, of the site and structures.
(2) The results of a geotechnical
				investigation of the proposed disposal site, including the following:
(A) The character of bedrock and any adverse
				geologic conditions in the disposal area.
(B) A survey identifying all springs,
				seepage, and ground water flow observed or anticipated during wet periods in
				the area of the disposal site.
(C)
				A survey of the potential effects of subsidence of the subsurface strata due to
				past and future mining operations.
(D) A technical description of the rock
				materials to be utilized in the construction of those disposal structures:
(i) containing rock chimney cores; or
(ii) underlain by a rock drainage
				blanket.
(E) A stability
				analysis, including, but not limited to:
(i)
				strength parameters;
(ii) pore
				pressures; and
(iii) long term
				seepage conditions.
These data shall be accompanied by a description of all
				  engineering design assumptions and calculations and the alternatives
				  considered.
(3) If, under
				312 IAC
				25-6-34, rock-toe buttresses or key-way cuts are
				required, the application shall include the following:
(A) The number, location, and depth of
				borings or test pits that shall be determined with respect to the size of the
				spoil disposal structure and subsurface conditions.
(B) Engineering specifications utilized to
				design the rock-toe buttress or key-way cut that shall be determined in
				accordance with subdivision (2)(E).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-55 - Surface mining permit applications; reclamation and operations plan; transportation facilities

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 55.
Each application shall contain a description of each road,
				  conveyor, or rail system to be constructed, used, or maintained within the
				  proposed permit area. The description shall include a map, appropriate cross
				  sections, and the following:
(1)
				Specifications for each culvert, bridge, drainage ditch, and drainage
				structure.
(2) A description of
				measures to be taken to comply with
				312 IAC
				25-6-65.
(3) Each plan shall contain a general
				description of each road, conveyor, or rail system to be constructed, used, or
				maintained within the proposed permit area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-56 - Surface mining permit applications; reclamation and operations plan; road systems

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 56.
(a) Each
				applicant for a surface coal mining and reclamation permit shall submit plans
				and drawings for each road, as defined in
				312 IAC
				25-1-126, to be constructed, used, or maintained
				within the proposed permit area. The plans and drawings shall include the
				following:
(1) A map, appropriate cross
				sections, design drawings, and specifications for road widths, gradients,
				surfacing materials, cuts, fill embankments, culverts, bridges, drainage
				ditches, low water crossings, and drainage structures.
(2) The drawings and specifications of each
				proposed road that is located in the channel of an intermittent or perennial
				stream, as necessary for approval of the road by the director in accordance
				with
				312 IAC
				25-6-65(d)(1).
(3) The drawings and specifications for each
				proposed ford of an intermittent or perennial stream that is used as a
				temporary route, as necessary for approval of the ford by the director in
				accordance with
				312 IAC
				25-6-66(3)(B).
(4) A description of measures to be taken to
				obtain approval of the director for alteration or relocation of a natural
				stream channel under
				312 IAC
				25-6-66(4)(E).
(5) The drawings and specifications for each
				low water crossing of perennial or intermittent stream channels so that the
				director can maximize the protection of the stream in accordance with
				312 IAC
				25-6-66(4)(F).
(6) A description of the plans to remove and
				reclaim each road that would not be retained under an approved postmining land
				use and the schedule for this removal and reclamation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-57 - Underground mining permit applications; legal and financial information; applicability

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 57.
This section and sections 58 through 66 of this rule apply to
				  any person who applies for a permit to conduct underground mining activities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-59 - Underground mining permit applications; compliance information

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  778.14
Sec. 59.
(a) Each
				application shall contain the following information:
(1) A statement of whether the applicant,
				operator, any subsidiary, affiliate, or persons controlled by or under common
				control with the applicant or the operator has:
(A) had a federal or state coal mining permit
				suspended or revoked in the five (5) years preceding the date of submission of
				the application; or
(B) forfeited a
				performance bond or similar security deposited in lieu of a bond.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-60 - Underground mining permit applications; legal and financial information; right of entry and operation information

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 60.
(a) Each
				application shall contain a description of the documents upon which the
				applicant bases his or her legal right to enter and begin underground mining
				activities in the permit area and whether that right is the subject of pending
				litigation.
The description shall:
(1) identify the specific lands to which the
				document pertains; and
(2) explain
				the legal rights claimed by the applicant.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-61 - Underground mining permit applications; legal and financial information; areas designated unsuitable for mining

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 61.
(a) Each
				application shall contain a statement of available information on whether the
				proposed permit area is within an area designated unsuitable for underground
				mining activities or under study for designation in an administrative
				proceeding initiated under
				312 IAC
				25-3-6 through
				312 IAC
				25-3-12.
(b) If an applicant claims the exemption in
				section 115 of this rule, the application shall contain information supporting
				the applicant's assertion that it made substantial legal and financial
				commitments before January 1, 1977, concerning the proposed underground mining
				activities.
(c) Subject to valid
				existing rights, if an applicant proposes to conduct or locate surface
				operations or facilities within three hundred (300) feet of an occupied
				dwelling, the application shall include the waiver of the owner of the dwelling
				as required in
				312 IAC
				25-3-1(5).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-62 - Underground mining permit applications; legal and financial information; permit terms

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 62.
(a) Each
				permit shall be issued for a fixed term, not to exceed five (5) years, except
				where the director grants a longer fixed period as provided in this
				section.
(b) Each application shall
				state:
(1) the anticipated or actual starting
				and termination date of each phase of the underground mining
				activities;
(2) the anticipated
				number of acres of surface lands to be affected; and
(3) the horizontal and vertical extent of
				proposed underground mine workings; for each phase of mining and over the total
				life of the permit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-63 - Underground mining permit applications; legal and financial information; personal injury and property damage information

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 63.
Each application shall contain a certificate of liability
				  insurance consistent with 312 IAC 25-5.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-65 - Underground mining permit applications; identification of library where application on file

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 65.
Each application shall identify by name and address the
				  county library where the applicant will simultaneously file a copy of the
				  application for public inspection under section 109(d) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-66 - Underground mining permit applications; legal and financial information; newspaper advertisement and proof of publication

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 66.
A copy of the newspaper advertisement of the application and
				  proof of publication of the advertisement shall be filed with the director and
				  made a part of the complete application not later than four (4) weeks after the
				  last date of publication required under section 109(a) of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-67 - Underground mining permit applications; environmental resources information; general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 67.
Each permit application shall include a description of the
				  existing premining environmental resources within the proposed permit area and
				  adjacent areas that may be affected or impacted by the proposed underground
				  mining activities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-68 - Underground mining permit applications; environmental resources information; cultural, historic, and archaeological resources

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 68.
(a) Each
				application shall describe and identify the nature of cultural, historic, and
				archaeological resources in or within one thousand (1,000) feet of the proposed
				permit area. The description shall be based on information obtained from the
				division of historic preservation and archaeology.
(b) The director shall require the applicant
				to submit additional information to describe and identify the nature of
				cultural, historic, and archaeological resources if the director determines
				that sufficient information is not available from the division of historic
				preservation and archaeology to identify the nature of these resources. The
				sources of the information shall include each of the following:
(1) State and local cultural, historic, and
				archaeological preservation agencies.
(2) Research organizations.
(3) Institutions that maintain records of
				cultural, historic, and archaeological resources.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-69 - Underground mining permit applications; environmental resources information; hydrology

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 69.
(a) Each
				application shall contain a description of the hydrology, including water
				quantity and water quality for the permit area, the adjacent area, and the
				general area.
(b) Information on
				hydrology and water quality and water quantity outside the proposed permit area
				and within the general area shall be provided by the director from such areas
				with similar hydrologic conditions.
(c) The applicant shall submit additional
				information for the permit area as part of the permit application as required
				by the director and according to this section and sections 70 through 74 of
				this rule.
(d) Water quality
				analysis and sampling shall be conducted according to the methodology in the
				latest edition of Standard Methods for the Examination of Water and Wastewater.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-70 - Underground mining permit applications; environmental resources information; fish and wildlife

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-22-34; IC 14-34
Sec. 70.
(a) Each
				application shall include information on fish and wildlife species and their
				habitats present or likely to be present in the permit area and adjacent area,
				based on published literature, information available from state and federal
				fish and wildlife agencies, and any site-specific studies required under
				subsection (b).
(b) Site-specific
				information shall be required by the director as to respective species or
				habitats when the permit area or adjacent area is likely to include any of the
				following:
(1) Species of plants or animals
				listed or proposed to be listed as endangered or threatened or critical
				habitats designated by the Secretary of the Interior under the federal
				Endangered Species Act of 1973, as amended (
				16
				U.S.C. 1531, et seq.).
(2) Species listed by the director as
				endangered under IC 14-22-34.
(3)
				Habitats of unusually high value for fish and wildlife such as important
				streams, wetlands and riparian areas, migration routes, reproduction areas, and
				areas offering special shelter or protection.