Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-46 - Surface mining; protection of fish, wildlife, and related environmental values

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 46.
(a) Any
				person conducting surface mining activities shall, to the extent possible using
				the best technology currently available, minimize disturbances and adverse
				impacts of the activities on fish, wildlife, and their habitats, and achieve
				enhancement of those resources where practicable.
(b) No surface mining activity shall be
				conducted which is likely to jeopardize the continued existence of endangered
				or threatened species listed by the secretary or which is likely to result in
				the destruction or adverse modification of designated critical habitats of
				these species in violation of the Endangered Species Act of 1973, as amended (
				16
				U.S.C. 1531, et seq.). The permittee shall
				promptly report to the director any endangered or threatened species that is
				listed by the state or federal government within the permit area of which the
				permittee becomes aware. Upon notification, the director shall consult with the
				United States Fish and Wildlife Service and the division of fish and wildlife
				of the department. After the consultation, the director shall determine
				whether, or under what conditions, the permittee may proceed.
(c) A person who conducts surface mining
				activities shall ensure that the design and construction of electric power
				lines and other transmission facilities used for or incidental to the surface
				mining activities on the permit area are in accordance with the guidelines set
				forth in Environmental Criteria for Electric Transmission System (USDI, USDA,
				(1970)). Distribution lines shall be designed and constructed in accordance
				with REA Bulletin 61-10, Powerline Contacts by Eagles and Other Large Birds.
				For informational purposes, these two (2) documents are available at the OSM
				Office, United States Department of the Interior, South Interior Building,
				Washington, D.C., 20240, at each OSM regional office, district office, and
				field office and at the central and field office of the division of
				reclamation.
(d) No surface mining
				activity shall be conducted in a manner that would result in the unlawful
				taking of a bald or golden eagle, its nest, or any of its eggs. The permittee
				shall promptly report to the director any golden or bald eagle nest within the
				permit area of which the permittee becomes aware. Upon notification, the
				director shall consult with the United States Fish and Wildlife Service and the
				division of fish and wildlife of the department. After the consultation, the
				director shall determine whether, or under what conditions, the permittee may
				proceed.
(e) Each person who
				conducts surface mining activities shall, to the extent possible using the best
				technology currently available, establish the following:
(1) Locate and operate haul and access roads
				so as to avoid or minimize impacts to important fish and wildlife species or
				other species protected by state or federal law.
(2) Fence, cover, or use other appropriate
				methods to exclude wildlife from ponds that contain a hazardous concentration
				of toxic-forming materials.
(3)
				Restore, enhance, where practicable, or avoid disturbance to habitats of
				unusually high value for fish and wildlife.
(4) Restore, enhance, where practicable, or
				maintain natural riparian vegetation on the banks of streams, lakes, and other
				wetlands areas.
(5) Afford
				protection to aquatic communities by avoiding stream channels as required in
				section 28 of this rule or restoring stream channels as required in section 15
				of this rule.
(6) Not use
				persistent pesticides on the area during surface mining and reclamation
				activities unless approved by the director.
(7) To the extent possible, prevent, control,
				and suppress range, forest, and coal fires that are not approved by the
				director as part of a management plan.
(8) If fish and wildlife habitat is to be a
				primary or secondary postmining land use, the operator shall, in addition to
				the requirements of sections 54 through 61 of this rule, establish the
				following:
(A) Select plant species to be used
				on reclaimed areas, based on the following criteria:
(i) Their proven nutritional value for fish
				and wildlife.
(ii) Their uses as
				cover for fish and wildlife.
(iii)
				Their ability to support and enhance fish and wildlife habitat after release of
				bonds.
(B) Distribute
				plant groupings to maximize benefit to fish and wildlife. Plants should be
				grouped and distributed to optimize edge effect, cover, and other benefits for
				fish and wildlife.
(9)
				Where cropland is to be the alternative postmining land use on lands diverted
				from a fish and wildlife premining land use and where appropriate for wildlife
				and crop management practices, intersperse the fields with trees, hedges, or
				fence rows throughout the harvested area to break up large blocks of
				monoculture and to diversify habitat types for birds and other animals.
				Wetlands shall be preserved or created rather than drained or otherwise
				permanently abolished.
(10) Where
				the primary land use is to be residential, public service, or industrial
				intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs,
				and trees useful as food and cover for birds and small animals, unless the
				greenbelts are inconsistent with the approved postmining land use.