reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-19 - Hydrologic balance; acid-forming and toxic-forming spoil

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 19.
Drainage from acid-forming and toxic-forming spoil into
				  ground and surface water shall be avoided by doing the following:
(1) Identifying, burying, and treating where
				necessary, spoil that in the judgment of the director, may be detrimental to
				vegetation or may adversely affect water quality if not treated or
				buried.
(2) Preventing water from
				coming into contact with acid-forming and toxic-forming spoil in accordance
				with section 50 of this rule.
(3)
				Burying or treating all acid-forming or toxic-forming spoil within a reasonable
				period of time. If the director determines that such spoil is detrimental to
				the off site hydrologic balance, the permittee shall bury or treat the
				acid-forming or toxic-forming spoil within thirty (30) days.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-20 - Surface mining; hydrologic balance; permanent and temporary impoundments

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-34-2-1
Affected: IC 14-34
Sec. 20.
(a) This
				section applies to both temporary and permanent impoundments and must satisfy
				the following conditions:
(1) An impoundment
				meeting the:
(A) Class B or C criteria for
				dams in the NRCS publication Technical Release No. 60 (TR-60); or
(B) size or other criteria of
				30
				CFR 77.216(a);
shall comply with the requirements of
				  30
				  CFR 77.216 and this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-21 - Hydrologic balance; ground water protection

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 21.
(a)
				Backfilled materials shall be placed so as to do the following:
(1) To minimize contamination of ground water
				systems with acid, toxic, or otherwise harmful mine drainage.
(2) To minimize adverse effects of mining on
				ground water systems outside the permit area.
(3) To support approved postmining land
				uses.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-22 - Hydrologic balance; ground water recharge capacity protection

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 22.
(a) Surface
				mining activities shall be conducted in a manner that facilitates reclamation
				that will restore approximate premining recharge capacity through restoration
				of the capability of the reclaimed areas as a whole, excluding coal processing
				waste and underground development waste disposal areas and fills, to transmit
				water to the ground water system. The recharge capacity shall be restored to a
				condition that:
(1) supports the approved
				postmining land use;
(2) minimizes
				disturbances to the prevailing hydrologic balance in the permit area and
				adjacent areas; and
(3) restores
				the recharge capacity of the mined area to approximate premining
				condition.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-23 - Surface mining; hydrologic balance; surface and ground water monitoring

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 23.
(a) This
				subsection establishes standards for maintaining the hydrologic balance of
				ground water as follows:
(1) Ground water
				levels and the quality of ground water shall be monitored, through bond
				release, in a manner approved by the director according to the requirements of
				312
				IAC 25-4-31 to determine the effects of surface mining
				activities on the recharge capacity of reclaimed lands and on the quantity and
				quality of water in ground water systems in the permit and adjacent
				areas.
(2) When surface mining
				activities may affect the ground water systems that serve as aquifers that
				significantly ensure the hydrologic balance of water use on or off the permit
				area, ground water levels and ground water quality shall be periodically
				monitored according to the requirements of
				312
				IAC 25-4-31. Monitoring shall include measurements
				from a sufficient number of wells and the mineralogical and chemical analyses
				of aquifer, overburden, and spoil that are adequate to reflect changes in
				ground water quantity and quality resulting from those activities. Monitoring
				shall be adequate to plan for modification of surface mining activities, if
				necessary, to minimize disturbance of the prevailing hydrologic
				balance.
(3) The director may
				require additional tests and shall require the reporting of the results of
				these tests to demonstrate compliance with sections 21 through 22 of this rule
				and this section.
(4) If the
				analysis of a ground water sample indicates noncompliance with a permit
				condition, the permittee must do the following:
(A) Promptly notify the director.
(B) Immediately take any action required by
				the reclamation plan or by a permit condition.
(C) Minimize any adverse impact to the
				environment or public health and safety resulting from noncompliance with any
				term or condition of the permit to include, but not be limited to:
(i) accelerated or additional monitoring
				necessary to determine the nature and extent of noncompliance and the results
				of the noncompliance;
(ii)
				immediate implementation of measures necessary to mitigate the noncompliance;
				and
(iii) as soon as practicable
				issue warning to any person whose health and safety is in imminent danger due
				to the noncompliance.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-24 - Hydrologic balance; transfer of wells

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 24.
(a) An
				exploratory or monitoring well may only be transferred by the person who
				conducts surface mining activities for further use as a permanent water well
				with the prior approval of the director. That person and the surface owner of
				the lands where the well is located shall jointly submit a written request to
				the director for that approval.
(b)
				Upon an approved transfer of a well, the transferee shall:
(1) assume primary liability for damages to
				persons or property from the well;
(2) plug the well when necessary, but in no
				case later than abandonment of the well; and
(3) assume primary responsibility for
				compliance with sections 8 through 10 of this rule with respect to the
				well.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-25 - Hydrologic balance; water rights and replacement

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-25-4; IC 14-34-3
Sec. 25.
A person who conducts surface mining activities shall replace
				  the water supply of an owner of interest in real property who obtains all or
				  part of that supply of water for domestic, agricultural, industrial, or other
				  legitimate use from an underground or surface source, where the water supply
				  has been affected by contamination, diminution, or interruption proximately
				  resulting from the surface mining activities. Baseline hydrologic information
				  required in
				  312
				  IAC 25-4-28 and
				  312
				  IAC 25-4-30 through
				  312
				  IAC 25-4-32 shall be used to determine the extent of
				  the impact of mining upon ground water and surface water and other relevant
				  information.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-26 - Hydrologic balance; water discharge into underground mine

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 26.
Surface water shall not be diverted or otherwise discharged
				  into underground mine workings, unless the person who conducts the surface
				  mining activities demonstrates to the director that this diversion or discharge
				  will:
(1) abate water pollution or
				otherwise eliminate public hazards resulting from surface mining
				activities;
(2) be discharged as a
				controlled flow, meeting the effluent limitations of section 13 of this rule
				for pH and total suspended solids, except as provided in this subdivision and
				the director may approve that the limitation on total suspended solids be
				exceeded for:
(A) coal processing
				waste;
(B) fly ash from a
				coal-fired facility;
(C) sludge
				from an acid mine drainage treatment facility;
(D) flue gas desulfurization
				sludge;
(E) inert materials used
				for stabilizing underground mines; or
(F) underground mine development
				wastes;
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-27 - Surface mining; hydrologic balance; siltation structures postmining rehabilitation; diversions, impoundments, and treatment facilities

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 27.
Before abandoning a permit area or seeking bond release, the
				  person who conducts the surface mining activities shall ensure that all
				  temporary structures are removed and reclaimed, and that all permanent
				  sedimentation ponds, diversions, impoundments, and treatment facilities meet
				  the requirements of this article for permanent structures, and have been
				  maintained properly and meet the requirements of the approved reclamation plan
				  for permanent structures and impoundments. The person who conducts the
				  underground mining activities shall renovate such structures if necessary to
				  meet the requirements of this article and to conform to the approved
				  reclamation plan.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-28 - Surface mining; hydrologic balance; stream buffer zone

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30
				  CFR 816.57
Sec. 28.
(a) No land
				within one hundred (100) feet of a perennial stream or an intermittent stream
				shall be disturbed by surface mining activities unless the director
				specifically authorizes surface mining activities closer to or through such a
				stream. The director may authorize such activities only upon finding that:
(1) surface mining activities will not cause
				or contribute to the violation of applicable state or federal water quality
				standards, and will not adversely affect the water quantity and quality or
				other environmental resources of the stream; and
(2) if there will be a temporary or permanent
				stream-channel diversion, it will comply with sections 14 through 15 of this
				rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-29 - Surface mining; explosives; general requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 29.
(a) Each
				permittee shall comply with all applicable Indiana and federal laws and
				regulations in the use of explosives.
(b) Blasts that use more than five (5) pounds
				of explosive or blasting agent shall be conducted according to the schedule
				required by section 31 of this rule.
(c) No later than twelve (12) months after
				the implementation of the blaster certification program as required by
				312 IAC 25-9-1
				through
				312 IAC
				25-9-9, all blasting operations shall be conducted
				under the direct supervision of a certified blaster. Before that time all
				blasting operations shall be conducted by experienced and competent persons who
				understand the hazards involved.
(d) After implementation of the blasting
				certification program, the provisions of subsections (e) through (h)
				apply.
(e) Blast design
				requirements are as follows:
(1) An
				anticipated blast design shall be submitted if blasting operations will be
				conducted within:
(A) one thousand (1,000)
				feet of any building used as a dwelling, not owned by the permittee, public
				building, school, church, or community or institutional building; or
(B) five hundred (500) feet of an active or
				abandoned underground mine.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-31 - Surface mining; explosives; publication of blasting schedule

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 31.
(a)
				Blasting schedule publication and distribution requirements are as follows:
(1) Each permittee shall publish a blasting
				schedule at least ten (10) days, but not more than thirty (30) days before
				beginning a blasting program in which blasts that use more than five (5) pounds
				of explosive or blasting agent are detonated. The blasting schedule shall be
				published in a newspaper of general circulation in the locality of the blasting
				site.
(2) Copies of the schedule
				shall be distributed to local governments and public utilities and by mail to
				each residence within one-half (½) mile of the proposed blasting area
				described in the schedule.
(3) The
				permittee shall republish and redistribute the schedule under subdivisions (1)
				and (2) at least every twelve (12) months.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-32 - Surface mining; explosives; blasting operations

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 32.
(a)
				Blasting operations shall be conducted at times approved by the director and
				announced in the blasting schedule. The permittee shall submit the blasting
				schedule required by section 31 of this rule to the director for approval sixty
				(60) days prior to the date of publication specified in section 31(a) of this
				rule. All blasting shall be conducted between sunrise and sunset, unless
				nighttime blasting is approved by the director upon showing that the public
				will be protected from adverse noise and other impacts. The director may limit
				the area covered by a blasting schedule or specify more restrictive time
				periods if necessary to protect the public health and safety or
				welfare.
(b) Unscheduled blasting
				operations may be conducted only when operator or public health and safety
				require unscheduled detonation. When the permittee conducts unscheduled
				blasting operations, the permittee shall do the following:
(1) Notify persons within one-half (½)
				mile of the blasting site using audible warning signals.
(2) Document the reason for the unscheduled
				blast, including the following:
(A) Why the
				blast could not be held over to the next day.
(B) When the blast was actually
				conducted.
(C) The warning signals
				given in accordance with section 33(17) of this rule.
The director may require any permittee to submit a report of
				  unscheduled blasts if needed to respond to citizen complaints concerning
				  blasting.
(3)
				Where the unscheduled blast is an unapproved nighttime blast, take sufficient
				measures to ensure the public will be protected from adverse noise and other
				impacts.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-33 - Surface mining; explosives; records of blasting operations

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 33.
A record of each blast, including seismograph records when
				  obtained, shall be retained by the permittee for at least three (3) years and
				  shall be made available for inspection by the director and the public on
				  request. The record shall contain the following data:
(1) Name of the operator conducting the
				blast.
(2) Location, date, and time
				of blast.
(3) Name, certification
				number, and signature of the certified blaster conducting the blast.
(4) Direction and distance, in feet, to the
				nearest dwelling, school, church, or community or institutional building that
				is not owned or leased by the permittee.
(5) Weather conditions that may cause
				possible adverse blasting effects, including temperature, wind direction, and
				approximate velocity.
(6) Type of
				material blasted.
(7) Sketches of
				the blast pattern, including the following:
(A) Number of holes.
(B) Burden.
(C) Spacing.
(D) Decks.
(E) Delay pattern.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-34 - Surface mining; disposal of excess spoil

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 34.
(a) All
				excess spoil material resulting from mining and reclamation activities must be
				placed as follows:
(1) Spoil shall be
				transported and placed in a controlled manner in a position for concurrent
				compaction, and to:
(A) assure
				stability;
(B) prevent mass
				movement; and
(C) ensure a long
				term static safety factor of one and five-tenths (1.5).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-35 - Surface mining; protection of underground mines

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 35.
No surface coal mining activities shall be conducted closer
				  than five hundred (500) feet to any point of either an active or abandoned
				  underground mine, except to the extent that:
(1) the nature, timing, and sequence of the
				operations that propose to mine closer than five hundred (500) feet of an
				active underground mine are jointly approved by the department, the Mine Safety
				and Health Administration, and the Indiana Bureau of Mines and Mining;
				and
(2) the activities result in
				improved resource recovery, abatement of water pollution, or elimination of
				hazards to the health and safety of the public.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-36 - Surface mining; coal mine waste; general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 36.
(a) All
				coal mine waste disposed of in an area other than the mine workings or
				excavations shall be hauled or conveyed and placed in new or existing disposal
				areas within a permit area. The disposal area shall be designed, constructed,
				and maintained in accordance with section 34 of this rule, this section, and
				sections 37 through 41 of this rule.
(b) Coal mine waste materials from activities
				located outside a permit area, such as those activities at other mines or
				abandoned mine waste piles, may be disposed of in the permit area, only if
				approved by the director.
(c)
				Approval for the disposal of waste from subsection (a) or (b) shall be based on
				a showing by the person who conducts surface mining activities in the permit
				area, using hydrologic, geologic, geotechnical, physical, and chemical
				analyses, that disposal of such materials:
(1) minimizes adverse effects of leachate and
				surface water run-off on surface and ground water quality and
				quantity;
(2) does not create
				public health hazards;
(3) ensures
				mass stability and prevents mass movement during and after
				construction;
(4) ensures that the
				final disposal facility is suitable for reclamation and revegetation compatible
				with the natural surroundings and the approved postmining land use by covering
				with a four (4) foot layer of the best available, nontoxic, noncombustible
				material. The director may allow less than four (4) feet of cover based upon
				physical and chemical analyses which show that the requirements of this section
				and sections 37 through 41 of this rule are met; and
(5) prevents combustion.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-37 - Surface mining; coal mine waste; refuse piles; site inspection

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 37.
(a) All
				refuse piles shall be inspected, on behalf of the person conducting surface
				mining activities, by a qualified registered engineer, or a Mine Safety and
				Health Administration certified inspector or another qualified person either of
				whom shall conduct their inspection under the direction of a qualified
				registered professional engineer. The professional engineer or specialist shall
				be experienced in the construction of similar earth and waste
				structures.
(b) The inspection
				required under subsection (a) shall occur at least quarterly throughout
				construction and during critical construction periods. Examples of critical
				construction periods include the following:
(1) Foundation preparation, including the
				removal of organic material and topsoil.
(2) The placement of underdrains and
				protective filter systems.
(3) The
				installation of final surface drainage systems.
(4) The establishment of the final graded and
				revegetated facility.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-38 - Coal processing waste; refuse piles; water control measures

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 38.
Refuse piles shall meet the requirements of section 36 of
				  this rule,
				  30 CFR
				  77.214, 30 CFR 77.215, and the
				  following:
(1) Drainage control shall
				be provided as follows:
(A) If the disposal
				area contains springs, natural or manmade water courses, or wet weather seeps,
				the design shall include diversions and underdrains as necessary to control
				erosion, prevent water infiltration into the disposal facility, and ensure
				stability.
(B) Uncontrolled surface
				drainage may not be diverted over the outslope of the refuse piles. Run-off
				from the areas above the refuse pile and run-off from the surface of the refuse
				pile shall be diverted into stabilized diversion channels designed to meet the
				requirements of section 14 of this rule to safely pass the run-off from a one
				hundred (100) year, six (6) hour precipitation event. Run-off diverted from
				undisturbed areas need not be commingled with run-off from the surface of the
				refuse pile.
(C) Underdrains shall
				comply with the requirements of section 39 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-39 - Surface mining; coal mine waste; refuse piles; construction requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 39.
(a) Refuse
				piles shall be designed to conform to applicable Mine Safety and Health
				Administration standards, section 36 of this rule, and the additional
				requirements of this section.
(b)
				Following final grading of the refuse pile, the site shall be covered with the
				best available nontoxic, noncombustible material, in accordance with sections
				50(f) and 11 of this rule, in a manner that does not impede drainage from the
				underdrains. The refuse pile shall be revegetated in accordance with sections
				54 through 61 of this rule.
(c)
				Underdrains shall consist of durable rock or pipe, be designed and constructed
				using current, prudent engineering practices, and meet any design criteria
				established by the director. The underdrain system shall be designed to carry
				the anticipated seepage of water due to rainfall away from the excess spoil
				fill and seeps and springs in the foundation of the disposal area and shall be
				protected from piping and contamination by an adequate filter. Rock underdrains
				shall be constructed of durable, nonacid-forming and nontoxic-forming rock, for
				example:
(1) natural sand and
				gravel;
(2) sandstone;
(3) limestone; or
(4) other durable rock;
that does not slake in water or degrade to soil material, and
				  that is free of coal, clay, or other nondurable material. Perforated pipe
				  underdrains shall be corrosion-resistant and shall have characteristics
				  consistent with the long term life of the fill.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-40 - Coal processing waste; burning

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 40.
Coal processing waste fires shall be extinguished by the
				  person who conducts the surface mining activities and in accordance with
				  applicable Mine Safety and Health Administration (MSHA) standards.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-41 - Coal processing waste; return to underground workings

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 41.
Coal processing waste may be returned to underground mine
				  workings only in accordance with the waste disposal program approved by the
				  director under
				  312
				  IAC 25-4-96.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-42 - Disposal of noncoal wastes

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 42.
(a) Noncoal
				wastes, including, but not limited to:
(1)
				grease;
(2) lubricants;
(3) paints;
(4) flammable liquids;
(5) garbage;
(6) abandoned mining machinery;
(7) lumber; and
(8) other combustibles generated during
				surface mining activities;
shall be placed and stored in a controlled manner in a
				  designated portion of the permit area. Placement and storage shall ensure that
				  leachate and surface run-off do not degrade surface or ground water, fires are
				  prevented, and the area remains stable and suitable for reclamation and
				  revegetation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-43 - Surface mining; coal mine waste; dams and embankments; general requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 43.
(a) A new
				or existing impounding structure constructed of coal mine waste or intended to
				impound coal mine waste must comply with sections 34, 36, and 37 of this rule,
				this section, and sections 44 through 45 of this rule.
(b) Coal mine waste shall not be used for the
				construction of an impounding structure unless the permittee demonstrates to
				the director that the stability of the structure achieves each of the
				following:
(1) Is in conformance with this
				rule.
(2) The use of coal mine
				waste will not have a detrimental effect on downstream water quality or the
				environment due to acid seepage through the impounding structure. The stability
				of the impounding structure and the potential impact of acid mine seepage
				through the structure must be discussed in detail in the design plan submitted
				in the reclamation plan under
				312
				IAC 25-4-49.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-44 - Coal processing waste; dams and embankments; site preparation

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 44.
The following requirements apply before coal processing waste
				  is placed at a dam or embankment site:
(1) All trees, shrubs, grasses, and other
				organic material shall be cleared and grubbed from the site, and all
				combustibles shall be removed and stockpiled in accordance with sections 5
				through 43 of this rule, this section, and sections 45 through 68 of this
				rule.
(2) Surface drainage that may
				cause erosion to the embankment area or the embankment features, whether during
				construction or after completion, shall be diverted away from the embankment by
				diversion ditches that comply with section 14 of this rule. Adequate outlets
				for discharge from these diversions shall be in accordance with section 18 of
				this rule. Diversions that are designed to divert drainage from the upstream
				area away from the impoundment area shall be designed to protect public health
				and safety and the environment. The diversion shall be maintained to prevent
				blockage, and the discharge shall be in accordance with section 18 of this
				rule. Sediment control measures shall be provided at the discharge of each
				diversion ditch before entry into natural watercourses in accordance with
				sections 12 through 17 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-45 - Surface mining; coal mine waste; dams and embankments; design and construction

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 45.
(a) The
				design of each dam and embankment constructed of processing waste shall comply
				with the applicable requirements of sections 20 and 36 of this rule, modified
				as follows:
(1) The design freeboard between
				the lowest point on the embankment crest and the maximum water elevation shall
				be at least three (3) feet.
(2) The
				dam and embankment shall have a minimum safety factor of one and five-tenths
				(1.5) for the partial pool with steady seepage saturation conditions, and the
				seismic safety factor shall be at least one and two-tenths (1.2).
(3) The dam or embankment foundation and
				abutments shall be designed to be stable under all conditions of construction
				and operation of the impoundment. Sufficient foundation investigations and
				laboratory testing shall be performed to determine the safety factors of the
				dam or embankment for all loading conditions appearing in subdivision
				(2).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-47 - Surface mining; slides and other damage

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 47.
(a) An
				undisturbed natural barrier shall be provided beginning at the elevation of the
				lowest coal seam to be mined and extending from the outslope for such distance
				as may be determined by the director as is needed to assure stability. The
				barrier shall be retained in place to prevent slides and erosion.
(b) At any time a slide occurs which may have
				a potential adverse effect on public property, health, safety, or the
				environment, the person who conducts the surface mining activities shall notify
				the director by the fastest available means and comply with any remedial
				measures required by the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-48 - Surface mining; contemporaneous reclamation

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 48.
Surface mining; reclamation efforts, including, but not
				  limited to:
(1) backfilling;
(2) grading;
(3) topsoil replacement; and
(4) revegetation;
of all land that is disturbed by surface mining activities
				  shall occur as contemporaneously as practicable with mining operations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-49 - Surface mining; backfilling and grading; timing limitations

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 49.
(a) Except
				as otherwise approved by the director in the approved permit or as provided in
				subsections (b) and (c), backfilling and grading shall be accomplished as
				follows:
(1) In mining operations in which
				overburden removal is accomplished primarily by a dragline, shovel, or similar
				excavating machine that deposits the overburden into spoil ridges, within one
				hundred eighty (180) days of deposition, provided that no more than four (4)
				spoil ridges remain at any one (1) time.
(2) For direct haul-back operations, where
				spoil is excavated from an advancing pit and hauled back, dumped, and graded
				into an inactive pit as one (1) operation, rough backfilling and grading shall
				be carried out continuously behind the pit or pits being worked. At no time
				shall there be more than four (4) open pits.
(3) For operations that do not use a dragline
				or shovel for spoil removal and do not employ the direct haul-back method of
				operation, rough backfilling and grading of spoil shall be completed within one
				hundred eighty (180) days after it is deposited, and no more than four (4) pits
				shall be open at any one (1) time.
(4) For all operations, rough backfilling and
				grading of boxcut or excess spoil shall be completed within one (1) year after
				it is deposited. The director may grant additional time if the permittee can
				demonstrate, in writing, that additional time is necessary.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-50 - Surface mining; backfilling and grading; general requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 50.
(a)
				Disturbed areas shall be backfilled and graded to include the following:
(1) Achieve the approximate original contour,
				except as provided in subsection (k).
(2) Eliminate all highwalls, spoil piles, and
				depressions, except as provided in subsections (h) and (k)(2).
(3) Achieve a postmining slope that does not
				exceed 3:1 (h:v) or the lesser slope that is needed to achieve a minimum long
				term static safety factor of one and three-tenths (1.3) and to prevent slides.
				This requirement does not apply to ditches, dams, levees, and similar
				constructed features.
(4) Minimize
				erosion and water pollution both on and off the site.
(5) Support the approved postmining land
				use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-51 - Surface mining; stabilization of surface areas

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 51.
(a) All
				exposed surface areas shall be protected and stabilized to effectively control
				erosion and air pollution attendant to erosion.
(b) When rills and gullies form in regraded,
				topsoiled areas and the rills and gullies disrupt the approved postmining land
				use, disrupt the reestablishment of vegetative cover or cause or contribute to
				a violation of applicable effluent limitations and the rill or gully is not
				vegetated or otherwise stabilized, the rill or gully shall be:
(1) filled, regraded, or otherwise
				stabilized;
(2) topsoil shall be
				replaced; and
(3) the area shall be
				reseeded or replanted.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-52 - Surface mining; backfilling and grading; thick overburden

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 52.
In surface coal mining operations where the thickness of the
				  overburden is large relative to the thickness of the coal deposit and where the
				  permittee demonstrates that the volume of the spoil and other waste materials
				  is more than sufficient to restore the disturbed area to approximate original
				  contour, the permittee shall, at a minimum, after restoring to approximate
				  original contour, do the following:
(1) Use the spoil and waste materials to
				attain the lowest practicable grade, but not more than 3:1 (h:v) or such lesser
				slope as may be necessary to obtain a long term minimum static safety factor of
				1.3.
(2) Meet the requirements of
				section 50(a)(2) through 50(j) of this rule.
(3) Dispose of any excess spoil in accordance
				with section 34 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-53 - Surface mining; backfilling and grading; previously mined areas

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 53.
(a) A
				remining operation on a site that contains a preexisting highwall shall comply
				with sections 49 through 52 of this rule, except as provided under this
				section.
(b) Section 50(a)(2) of
				this rule does not apply to a remining operation if the volume of reasonably
				available soil is demonstrated in writing to the director to be insufficient to
				completely backfill the reaffected or enlarged highwall. The highwall must be
				eliminated to the extent technically practicable as follows:
(1) Spoil generated by the remining operation
				and any other reasonably available spoil shall be used to backfill the area.
				Reasonably available spoil in the immediate vicinity of the remining operation
				shall be included within the permit area.
(2) The backfill shall be graded to a slope
				that is compatible with the approved postmining land use and provides adequate
				drainage and long term stability.
(3) A highwall remnant shall be stable and
				shall not pose a hazard to the public health and safety or to the environment.
				The operator shall demonstrate to the director that the highwall remnant is
				stable.
(4) Spoil placed on the
				outslope during previous mining operations shall not be disturbed if the
				disturbance will cause instability of the remaining spoil or will otherwise
				increase hazards to public health, safety, or the environment.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-54 - Surface mining; revegetation; general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 54.
(a) Each
				person who conducts surface mining activities shall establish, on all affected
				land except water areas and surface areas of roads that are approved as a part
				of the postmining land use, a diverse, effective, and permanent vegetative
				cover of the same seasonal variety native to the area and that supports the
				approved postmining land use.
(b)
				All revegetation shall be carried out in a manner that encourages a prompt
				vegetative cover and recovery of productivity levels compatible with the
				approved postmining land use, such that:
(1)
				vegetative cover shall be capable of stabilizing the soil surface from erosion;
				and
(2) if both the premining and
				postmining land uses are cropland, planting of the crops normally grown will
				meet the requirements of subsection (a).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-55 - Surface mining; revegetation; use of introduced species

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 55.
(a)
				Introduced species may be used in the revegetation process where desirable and
				necessary to achieve the approved postmining land use plan if approved by the
				director under the following conditions:
(1)
				The species are compatible with the plant and animal species of the
				region.
(2) The species meet the
				requirements of applicable Indiana seed or introduced species statutes and are
				not poisonous or noxious.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-56 - Surface mining; revegetation; timing

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 56.
Seeding and planting of disturbed areas shall be conducted
				  during the first normal period for favorable planting conditions after final
				  soil preparation. The normal period for favorable planting shall be that
				  planting time generally accepted locally for the type of plant materials
				  selected. When necessary to effectively control erosion, any disturbed area
				  shall be seeded and planted, as contemporaneously as practicable with the
				  completion of backfilling and grading, with a temporary cover of small grains,
				  grasses, or legumes until a permanent cover is established.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-57 - Surface mining; revegetation; mulching and other soil stabilizing practices

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 57.
(a)
				Suitable mulch or other necessary soil stabilizing practices shall be used on
				all regraded and topsoiled areas to do any of the following:
(1) Control erosion.
(2) Promote germination of seeds.
(3) Increase the moisture-retention capacity
				of the soil.
The director may, on a case-by-case basis, suspend the
				  requirement for mulch if the permittee can demonstrate that alternative
				  procedures will achieve the requirements of sections 59 through 61 of this rule
				  and do not cause or contribute to air or water pollution.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-58 - Surface mining; revegetation; grazing

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 58.
When the approved postmining land use is pasture land, the
				  reclaimed land may be used for livestock grazing if approved by the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-59 - Surface mining; revegetation; standards for success for nonprime farmland

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 59.
(a) Success
				of revegetation is judged on the following:
(1) The effectiveness of the vegetation for
				the approved postmining land use.
(2) The extent of cover compared to the cover
				occurring in natural vegetation in the area.
(3) The general requirements of section 54 of
				this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-60 - Revegetation; sampling techniques for nonprime farmland

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 60.
(a) Success
				of revegetation is evaluated according to the standards as set forth in section
				59 of this rule and (if a measurable success standard applies) using sampling
				techniques set forth in this section or that:
(1) have a ninety percent (90%) statistical
				confidence interval (in other words, a one (1) sided test with a ten-hundredths
				(0.10) alpha error); and
(2) are
				approved by the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-61 - Revegetation; statistical methodology

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 61.
(a) The
				methods set forth in this section are used to evaluate the success of
				revegetation pursuant to section 59 of this rule using the sampling techniques
				under section 60 of this rule.
(b)
				The minimum number of observations for the area under evaluation shall be
				determined as provided under this subsection as follows:
(1) Except as provided in subdivisions (2)
				through (3), the following table is used to determine the required minimum
				number of observations:
Size of Area
Crop
Minimum Number
Under Evaluation
of Observations
(In Acres)
Corn
0-39
8
40-279
12
280-639
16
640 or more
28
Soybeans
0-39
10
40-279
12
280-639
16
640 or more
26
Wheat and Oats
0-39
6
40-279
8
280-639
10
640 or more
14
Sorghum
0-39
10
40-279
16
280-639
28
640 or more
40
Mixed Hay
0-39
5
40-279
10
280-639
20
640 or more
20 + 1 additional
sample for each 35
acres in excess
of 640 acres
(2)
				If any two (2) observations vary by more than fifteen percent (15%), the
				director may increase the minimum number of observations required by the table
				in subdivision (1). If additional samples are required, the formula in
				subsection (e) shall be used to determine that the number of observations
				evaluated is sufficient.
(3) A
				statistical analysis of the result obtained from the area under evaluation
				shall be performed using the method from subsection (c) or (d). If there are
				apparent discrepancies between the submitted yield derived from random sampling
				and yield estimates derived by the director, the operator may be required to
				harvest specific fields in their entirety.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-62 - Cessation of operations; temporary

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 62.
(a) Each
				person who conducts surface mining activities shall effectively secure surface
				facilities in areas in which there are no current operations, but in which
				operations are to be resumed under an approved permit. Temporary abandonment
				shall not relieve a person of his or her obligation to comply with any
				provision of the approved permit.
(b) Before temporary cessation of mining and
				reclamation operations for a period of thirty (30) days or more, or as soon as
				it is known that a temporary cessation will extend beyond thirty (30) days,
				persons who conduct surface mining activities shall submit to the director a
				notice of intention to cease or abandon mining and reclamation operations. This
				notice shall include a statement of the exact number of acres that have been
				affected in the permit area, prior to such temporary cessation, the extent and
				kind of reclamation of those areas that have been accomplished, and
				identification of the backfilling, regrading, revegetation, environmental
				monitoring, and water treatment activities that will continue during the
				temporary cessation.