reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-71 - Underground mining permit applications; environmental resources information; geology description

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 71.
(a) Each
				application shall contain geologic information in sufficient detail to assist
				in each of the following:
(1) Determining 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) Determining all
				potentially acid-forming or toxic-forming strata down to and including the
				stratum immediately beneath the coal seam to be mined.
(3) Determining whether reclamation as
				required by this article can be accomplished and whether the proposed operation
				has been designed to prevent material damage to the hydrologic balance outside
				the permit area.
(4) Preparing the
				subsidence control plan under section 91 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-72 - Underground mining permit applications; environmental resources information; ground water

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 72.
(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 for
				the permit and adjacent areas 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 4-73 - Underground 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. 73.
(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 4-74 - Underground 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. 74.
The application shall identify the extent to which the
				  proposed underground 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 area for domestic, agricultural,
				  industrial, or other legitimate use. If contamination, diminution, or
				  interruption may result, then the description shall identify the alternative
				  sources of water supply that could be developed to replace the existing
				  sources.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-75 - Underground mining permit applications; environmental resources information; climatological factors

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 75.
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 4-76 - Underground mining permit applications; environmental resources information; soil resources

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 76.
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
				  25-6-75.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-77 - Underground mining permit applications; environmental resources information; land use

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 77.
(a) The
				application shall contain the following:
(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 67 through 76 of this rule, this section, and sections
				78 through 80 of this rule. The narrative shall provide 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, and the hydrology 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
				resource or agricultural agencies.
(C) Whether the proposed permit area has been
				previously mined and, if so, the following information:
(i) The type of mining method used.
(ii) The coal seams or other mineral strata
				mined.
(iii) The extent of coal or
				other minerals 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 4-78 - Underground mining permit applications; environmental resources information; maps

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 78.
The permit application shall include maps showing the
				  following:
(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 underground 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 in 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 4-79 - Underground 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. 79.
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 on water quality and quantity 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, and
				portrayal of seasonal differences of head in different aquifers on cross
				sections and contour maps.
(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, and water treatment and air pollution
				control 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 4-80 - Underground 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. 80.
(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 the applicant:
(1) 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, 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 4-81 - Underground mining permit applications; operation plan; general requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30
				  CFR 784.11; 30 CFR 784.30
Sec. 81.
(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
				the retention of such facilities is necessary for a postmining land use as
				specified in
				312 IAC
				25-6-128:
(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, mine development waste, and noncoal waste removal handling,
				storage, transportation, and disposal areas and structures.
(E) Mine facilities.
(F) Water pollution control
				facilities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-82 - Underground mining permit applications; operation plan; existing structures

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 82.
(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 of the structures that describe its
				current condition.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-84 - Underground 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. 84.
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 25-6-109.
(2) The plan shall apply, at a minimum, to
				species and habitats identified under section 70 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) Replacement of perches and nest
				boxes.
(iv) 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 4-85 - Underground mining permit applications; reclamation plan; protection of hydrologic balance

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  784.14
Sec. 85.
(a) Each
				reclamation plan shall contain a detailed description, with appropriate maps
				and cross section drawings, of the measures to be taken during and after the
				proposed underground mining activities, through bond release, under
				312 IAC
				25-6-70 through
				312
				IAC 25-6-132, to ensure the protection of the
				following:
(1) The quality of surface and
				ground water in the proposed permit area and adjacent area from adverse effects
				of the proposed underground mining activities.
(2) The rights of present users to that
				surface and ground water.
(3) The
				quantity of surface and ground water in the proposed permit area and adjacent
				area from adverse effects of the proposed underground mining activities, or to
				provide alternative sources of water, under section 74 of this rule and
				312
				IAC 25-6-88, where the protection of quantity cannot
				be ensured.
(4) Water quality by
				locating openings for mines under
				312
				IAC 25-6-85.
(5) The prevention of material damage outside
				the permit area.
(6) Compliance
				with applicable federal and state water quality laws and regulations.
(7) 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 4-86 - Underground mining permit applications; reclamation plan; postmining land uses

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 86.
(a) Each
				plan shall contain a detailed description of the proposed use, following
				reclamation, of the land to be affected within the proposed permit area by
				surface operations or facilities, and the relationship of the proposed use to
				existing land use policies and plans. The 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
				25-6-128.
(3) The consideration given to making all of
				the proposed underground mining activities consistent with surface owner plans
				and applicable state and local use plans and programs.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-87 - Underground mining permit applications; reclamation plan for siltation structures, impoundments, dams, embankments, and refuse piles

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-34-2-1
Affected: IC 14-34
Sec. 87.
(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 be as follows:
(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 the following:
(i) A description, map, and cross section of
				the structure and its location.
(ii) Preliminary hydrologic and geologic
				information required to assess the hydrologic impact of the
				structure.
(iii) 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.
(iv) 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 4-88 - Underground mining permit applications; reclamation plan; protection of public parks and historic lands

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 88.
(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 4-89 - Underground mining permit applications; reclamation plan; relocation or use of public roads

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 89.
Each application shall describe, with appropriate maps and
				  cross sections, the measures to be used to ensure that the interests of the
				  public and landowners affected are protected if, under
				  312 IAC
				  25-3-2(e)(4), the applicant seeks to
				  have the director approve:
(1)
				conducting the proposed underground mining activities within one hundred (100)
				feet, measured horizontally, of the right-of-way 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 4-90 - Underground mining permit applications; reclamation plan; underground development waste

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 90.
Each plan shall contain descriptions, including appropriate
				  maps and cross section drawings of the proposed disposal methods and sites for
				  placing underground development waste and excess spoil generated at surface
				  areas affected by surface operations and facilities, according to
				  312
				  IAC 25-6-98. Each plan shall describe the geotechnical
				  investigation, design, construction, operation, maintenance, and removal, if
				  appropriate, of the structures and be prepared according to section 54 of this
				  rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-91 - Underground mining permit applications; reclamation plan; subsidence control plan

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30
				  CFR 784.20
Sec. 91.
(a) Each
				application must include the following:
(1) A
				map of the permit and adjacent areas at a scale of 1:12,000, or larger if
				determined necessary by the director, showing the location and type of
				structures and renewable resource lands that subsidence may materially damage
				or for which the value or reasonably foreseeable use may be diminished by
				subsidence, and showing the location and type of drinking, domestic, and
				residential water supplies that could be contaminated, diminished, or
				interrupted by subsidence.
(2) A
				narrative indicating whether subsidence, if it occurred, could cause material
				damage to or diminish the value or reasonably foreseeable use of such
				structures or renewable resource lands or could contaminate, diminish, or
				interrupt drinking, domestic, or residential water supplies.
(3) A survey of the condition of all
				noncommercial buildings or occupied residential dwellings and structures
				related thereto, that may be materially damaged or for which the reasonably
				foreseeable use may be diminished by subsidence, within the area encompassed by
				the applicable angle of draw, as well as a survey of the quantity and quality
				of all drinking, domestic, and residential water supplies within the permit
				area and adjacent area that could be contaminated, diminished, or interrupted
				by subsidence. If the applicant cannot make this survey because the owner will
				not allow access to the site, the applicant will notify the owner, in writing,
				of the effect that denial of access will have as described in
				312
				IAC 25-6-123(c)(4). The applicant
				must pay for any technical assessment or engineering evaluation used to
				determine the premining condition or value of such noncommercial buildings or
				occupied residential dwellings and structures related thereto and the quantity
				and quality of drinking, domestic, or residential water supplies. The applicant
				must provide copies of the survey and any technical assessment or engineering
				evaluation to the property owner and the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-92 - Underground mining permit applications; reclamation plan; diversions

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 92.
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 25-6-78 and
				  312
				  IAC 25-6-79.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-93 - Underground mining permit applications; reclamation plan; maps

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 93.
Each application shall contain maps, plans, and cross
				  sections of the proposed permit and adjacent areas as follows:
(1) The maps, plans, and cross sections shall
				show the underground mining activities to be conducted, the land to be affected
				throughout the operations, and any change in a facility or feature to be caused
				by the proposed operations if the facility or feature was shown under sections
				78 and 79 of this rule.
(2) The
				following shall be shown for the proposed permit area:
(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
				preparation waste, underground development 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 waste disposal facility relating to coal processing or pollution control.
(H) Each facility to be used to
				protect and enhance fish and wildlife 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 87 of this rule and disposal areas
				for underground development waste and excess spoil in accordance with section
				90 of this rule.
(K)
				Each profile, at cross sections specified by the director, of the anticipated
				final surface configuration to be achieved for the affected areas.
(L) Location of each water and subsidence
				monitoring point.
(M) Location of
				each facility that will remain on the proposed permit area as a permanent
				feature after the completion of underground mining activities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-94 - Underground mining permit applications; reclamation plan; transportation facilities

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 94.
Each application shall contain a detailed description of each
				  road, conveyor, and 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 road width, road gradient, road surface, road cut, fill
				embankment, culvert, bridge, drainage ditch, and drainage structure.
(2) A description of measures to be taken to
				comply with
				312 IAC
				25-6-129.
(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 4-95 - Underground mining permit applications; reclamation plan for road systems

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 95.
(a) Each
				applicant for an underground 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
				25-6-129.
(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
				25-6-129 and
				312 IAC
				25-6-130.
(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
				25-6-130.
(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
				25-6-129 and
				312 IAC
				25-6-130.
(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 4-96 - Underground mining permit applications; reclamation plan; return of coal processing waste to abandoned underground workings

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 96.
(a) Each
				plan shall describe the design, operation, and maintenance of any proposed coal
				processing waste disposal facility, including flow diagrams and any other
				necessary drawings and maps, for the approval of the director under
				312
				IAC 25-6-41.
(b) Each plan shall describe the following:
(1) The source and quality of waste to be
				stowed.
(2) The area to be
				backfilled.
(3) The percent of the
				mine void to be filled.
(4) The
				method of constructing underground retaining walls.
(5) The influence of the backfilling
				operation on active underground mine operations.
(6) The surface area to be supported by the
				backfill.
(7) The anticipated
				occurrence of surface effects following backfilling.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-97 - Underground mining permit applications; reclamation plan; air pollution control

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 97.
The permit application under sections 81 through 96 of this
				  rule and this section 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 completed application for an
				Indiana air pollution control board operation permit.
(3) A written statement from the Indiana 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 4-98 - Special categories of mining; applicability

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 98.
This section and sections 99 through 107 of this rule
				  establish the minimum requirements for regulatory program provisions for
				  permits for certain categories of surface coal mining and reclamation
				  operations. These requirements are in addition to the general permit
				  requirements contained in this rule. Sections 1 through 39 of this rule apply
				  to these operations unless otherwise specifically provided in this section and
				  sections 99 through 107 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-99 - Special categories of mining; experimental practices mining

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 99.
(a)
				Experimental practices provide a variance from environmental protection
				performance standards of IC 14-34 and
				312 IAC
				25-6-1 through
				312 IAC
				25-6-148 for experimental or research purposes or
				allow an alternative postmining land use and may be undertaken if they are
				approved by the director and the director of the Office of Surface Mining and
				if they are incorporated in a permit or permit revision issued in accordance
				with the requirements of
				312 IAC
				25-6-1 through
				312 IAC
				25-6-148.
(b) An application for an experimental
				practice shall contain descriptions, maps, plans, and data that show the
				following:
(1) The nature of the experimental
				practice, including the following:
(A) A
				description of the performance standards for which variances are
				requested.
(B) The duration of the
				experimental practice.
(C) Any
				special monitoring that will be conducted.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-100 - Special categories of mining; steep slope procedures

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 100.
(a) This
				section applies to any permittee who conducts or intends to conduct steep slope
				surface coal mining and reclamation operations, except where an operator
				proposes to conduct surface coal mining and reclamation operations on flat or
				gently rolling terrain, leaving a plain or predominately flat area, but on
				which an occasional steep slope is encountered as the mining operation
				proceeds.
(b) Any application for a
				permit for surface coal mining and reclamation operations covered by this
				section shall contain sufficient information to establish that the operations
				will be conducted in accordance with the requirements of
				312 IAC
				25-6-144.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-102 - Special categories of mining; prime farmland

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34;
				  30 CFR 785.17
Sec. 102.
(a) In an
				initial permit application under this article for an existing surface coal
				mining operation that held a valid permit on August 3, 1977, with continuous
				permits held since that date, the applicant shall set forth the geographical
				area that is encompassed by the operation. The permit applied for, however,
				need only cover the area to be affected during the period of the permit for
				which the application is made. The director shall determine the geographical
				areas that are exempt from the prime farmland provisions of IC 14-34 and this
				article. In making the determination, the director shall consider all relevant
				factors bearing upon the extent of the geographical area upon which the
				applicant intended to conduct surface coal mining operations as of August 3,
				1977, including the following:
(1) A map
				showing the geographical location of:
(A) the
				area for which the determination is requested; and
(B) the area previously affected by surface
				coal mining and reclamation operations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-103 - Special categories of mining; variances for delay in contemporaneous reclamation requirement in combined surface and underground operations

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 103.
(a) This
				section applies to any person who conducts or intends to conduct combined
				surface mining activities and underground mining activities, where
				contemporaneous reclamation as required by
				312 IAC
				25-6-48 is not practicable and a delay is requested to
				allow underground mining activities to be conducted before the reclamation
				operation for the surface mining activities can be completed, if that delay
				will allow underground mining activities to be conducted to ensure both maximum
				practical recovery of coal resources and to avoid multiple future disturbances
				of surface lands or waters.
(b) Any
				person who desires to obtain a variance under this section shall file with the
				director complete applications for both the surface mining activities and
				underground mining activities which are to be combined. The mining and
				reclamation operation plans for these permits shall contain appropriate
				narratives, maps, and plans that do the following:
(1) Show why the proposed underground mining
				activities are necessary or desirable to assure maximum practical recovery of
				coal.
(2) Show how multiple future
				disturbances of surface lands or waters will be avoided.
(3) Identify the specific surface areas for
				which a variance is sought and the particular sections of IC 14-34 and this
				article.
(4) Show how the
				activities will comply with
				312
				IAC 25-6-134 through
				312
				IAC 25-6-136 and other applicable
				requirements.
(5) Show why the
				variance sought is necessary for the implementation of the proposed underground
				mining activities.
(6) Provide an
				assessment of the adverse environmental consequences and damages, if any, that
				may result if the reclamation of surface mining activities is
				delayed.
(7) Show how off-site
				storage of spoil will be conducted to comply with IC 14-34 and
				312 IAC
				25-6-34.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-104 - Special categories of mining; augering

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 104.
(a) This
				section applies to any person who conducts or intends to conduct surface coal
				mining and reclamation operations utilizing auguring operations.
(b) Any application for a permit for
				operations covered by this section shall contain, in the mining and reclamation
				plan, a description of the auguring methods to be used and the measures to be
				used to comply with
				312 IAC
				25-6-137 and
				312
				IAC 25-6-138.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-105 - Special categories of mining; in situ processing activities

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 105.
(a) This
				section applies to any person who conducts or intends to conduct surface coal
				mining and reclamation operations utilizing in situ processing
				activities.
(b) Any application for
				a permit for operations covered by this section shall be made according to all
				requirements of sections 1 through 104 of this rule, this section, and sections
				106 through 134 of this rule applicable to underground mining activities. In
				addition, the mining and reclamation operations plan for operations involving
				in situ processing activities shall contain information establishing how those
				operations will be conducted in compliance with
				312 IAC
				25-6-147 and
				312 IAC
				25-6-148, including the following:
(1) Delineation of proposed holes, wells, and
				production zones for approval of the director.
(2) Specifications of drill holes and casings
				proposed to be used.
(3) A plan for
				treatment, confinement, or disposal of all acid-forming, toxic-forming, or
				radioactive gases, solids, or liquids constituting a fire, health, safety, or
				environmental hazard caused by the mining and recovery process.
(4) Plans for monitoring surface water,
				ground water, and air quality as required by the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-105.5 - Special categories of mining; lands eligible for remining

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 105.5.
(a) This
				section contains permitting requirements to implement section 114(d) of this
				rule. Any person who submits a permit application to conduct surface coal
				mining operation on lands eligible for remining must comply with this
				section.
(b) Any application for a
				permit under this section shall be made according to all requirements of this
				rule applicable to surface coal mining and reclamation operations. The
				application shall contain the following:
(1)
				To the extent not otherwise addressed in the permit application, an
				identification of potential environmental and safety problems related to prior
				mining activity at the site that could be reasonably anticipated to occur. This
				identification shall be based on a due diligence investigation that shall
				include the following:
(A) Visual observation
				at the site.
(B) A record review of
				past mining at the site.
(C)
				Environmental sampling tailored to current site conditions.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-106 - Special categories of mining; coal preparation plants not located within the permit area of a specific mine

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 106.
(a) This
				section applies to a person who operates or intends to operate a coal
				preparation plant outside the permit area of a specific mine. That person must
				obtain a permit from the director under the regulatory program in accordance
				with this section.
(b) Any
				application for a permit for operations under this section shall contain in the
				mining and reclamation plan, specific plans, including descriptions, maps, and
				cross sections of the construction, operation, maintenance, and removal of the
				coal preparation plant. The plan shall demonstrate that those operations will
				be conducted in compliance with
				312
				IAC 25-6-145 and
				312
				IAC 25-6-146.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-107 - Special categories of mining; coal preparation plants not located within the permit area of a specific mine which were not regulated prior to the effective date of this rule

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 4-21.5-1-6; IC 14-34-18-3
Sec. 107.
(a) This
				section applies to a person who operates or intends to operate a coal
				preparation plant outside the permit area of a specific mine and who was not
				subject to this article before February 1, 1994.
(b) No person shall operate a coal
				preparation plant after September 29, 1994, unless that person applies for a
				permit under section 106 of this rule by April 2, 1994.
(c) Except as prohibited under IC 14-34-18-3
				or
				312 IAC
				25-3-1, a person who operates a coal preparation plant
				that was not subject to this article before February 1, 1994, shall not
				continue to operate without a permit after September 29, 1994, unless:
(1) a permit application is timely filed
				under subsection (b); and
(2) the
				commission has not entered a final agency action under IC
				4-21.5-1-6
				with respect to issuance or denial of the permit.