reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-101 - Underground mining; coal mine waste banks; refuse piles; water control measures

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 101.
Refuse piles shall meet the requirements of section 99 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 78 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 102 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-102 - Underground mining; coal mine waste; refuse piles; construction requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 102.
(a) Refuse
				piles shall be designed to conform to applicable Mine Safety and Health
				Administration standards, section 99 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
				75 and 112(f) of this rule, in a manner that does not impede drainage from the
				underdrains. The refuse pile shall be revegetated in accordance with sections
				115 through 122 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 6-103 - Underground mining; coal processing waste; burning

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 103.
Coal processing waste fires shall be extinguished by the
				  person who conducts the 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 6-104 - Underground mining; coal processing waste; return to underground workings

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 104.
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 25-4-90 and
				  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 6-105 - Underground mining; disposal of noncoal wastes

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 105.
(a)
				Noncoal wastes, including, but not limited to:
(1) grease;
(2) lubricants;
(3) paints;
(4) flammable liquids;
(5) garbage;
(6) abandoned mining machinery;
(7) timber; and
(8) other combustibles generated during
				underground 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 6-106 - Underground mining; coal mine waste; refuse piles; dams and embankments; general requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 106.
(a) A new
				or existing impounding structure constructed of coal mine waste or intended to
				impound coal mine waste must comply with section 99 of this rule, this section,
				and sections 107 through 108 of this rule.
(b) Coal mine waste shall not be used for
				construction of impounding structures unless the permittee demonstrates to the
				director that the stability of such a structure achieves each of the following:
(1) Conforms to the requirements of 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 structure and the potential impact of acid mine seepage through the
				impounding structure shall be discussed in detail in the design plan submitted
				in the reclamation plan under
				312
				IAC 25-4-87.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-107 - Underground mining; coal processing waste; dams and embankments; site preparation

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 107.
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 70
				through 106 of this rule, this section, and sections 108 through 132 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 78 of this rule. Adequate outlets
				for discharge from these diversions shall be in accordance with section 82 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 82 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 76 through 81 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-108 - Underground mining; coal mine waste; refuse piles; dams and embankments; design and construction

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 108.
(a) The
				design of each dam and embankment constructed of coal mine waste shall comply
				with the applicable requirements of sections 84 and 99 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 6-110 - Underground mining; slides and other damage

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 110.
At any time a slide occurs that may have a potential adverse
				  effect on public property, health, safety, or the environment, the person who
				  conducts the 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 6-111 - Underground mining; contemporaneous reclamation

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 111.
Reclamation efforts, including, but not limited to:
(1) backfilling;
(2) grading;
(3) topsoil replacement; and
(4) revegetation;
of all areas affected by surface operations 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 6-112 - Underground mining; backfilling and grading; general requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 112.
(a)
				Disturbed areas shall be backfilled and graded to include the following:
(1) Achieve 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 needed to achieve a minimum long term
				static safety factor of one and three-tenths (1.3) and to prevent
				slides.
(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 6-113 - Underground mining; stabilization of surface areas

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 113.
(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 6-114 - Underground mining; backfilling and grading; previously mined areas

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 114.
(a) A
				remining operation on a site that contains a preexisting highwall must comply
				with section 112 of this rule, except as provided under this section.
(b) Section 112(a)(2) of this rule does not
				apply to a remining operation if the volume of reasonably available spoil 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
				which is compatible with the approved postmining land use and that 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 6-115 - Underground mining; revegetation; general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 115.
(a) Each
				person who conducts underground mining activities shall establish on all areas
				disturbed by surface operations and facilities a diverse, effective, and
				permanent vegetative cover of the same seasonal variety native to the area 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 6-116 - Underground mining; revegetation; use of introduced species

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 116.
(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 6-117 - Underground mining; revegetation; timing

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 117.
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 6-118 - Underground mining; revegetation; mulching and soil stabilizing

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 118.
(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 120 through 122 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 6-119 - Underground mining; revegetation; grazing

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 119.
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 6-120 - Underground mining; revegetation; standards for success for nonprime farmland

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 120.
(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 115
				of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-121 - Underground mining; revegetation; sampling techniques

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 121.
(a)
				Success of revegetation is evaluated according to the standards as set forth in
				section 120 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 6-122 - Underground mining; revegetation; statistical methodology

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 122.
(a) The
				methods set forth in this section are used to evaluate the success of
				revegetation under section 120 of this rule using the sampling techniques under
				section 121 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 Under Evaluation (In Acres)
Crop
Minimum Number of Observations
Corn
0-39
8
40-279
12
280-639
16
640 or more
2
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 6-123 - Underground mining; subsidence control; general requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-15-6;
				  30
				  CFR 817.121
Sec. 123.
(a) The
				permittee must do the following:
(1) Either
				adopt:
(A) measures consistent with known
				technology that prevent subsidence from causing material damage to the extent
				technologically and economically feasible, maximize mine stability, and
				maintain the value and reasonably foreseeable use of surface lands;
				or
(B) mining technology that
				provides for planned subsidence in a predictable and controlled
				manner.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-124 - Underground mining; subsidence control; public notice

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 124.
At least six (6) months prior to mining, or within that
				  period if approved by the director, the underground mine permittee shall mail a
				  notification to all owners and occupants of surface property and structures
				  above the underground workings, including operators of a pipeline. Copies of
				  the notices shall be maintained at the mine office, or other location approved
				  by the director, and shall be available for inspection by the director. The
				  notification shall include, at a minimum, the following:
(1) An identification of specific areas in
				which mining will take place.
(2)
				Anticipated dates that specific areas will be undermined.
(3) The location or locations where the
				permittee's subsidence control plan may be examined.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-125 - Underground mining; subsidence control; buffer zones

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 125.
(a)
				Underground mining activities shall not be conducted beneath or adjacent to any
				perennial stream or impoundment having a storage volume of twenty (20)
				acre-feet or more unless the director, on the basis of detailed subsurface
				information, determines that subsidence will not cause material damage to
				streams, water bodies, and associated structures. If subsidence causes material
				damage, measures will be taken to the extent technologically feasible to
				correct the damage and to prevent additional subsidence from
				occurring.
(b) Underground mining
				activities beneath any aquifer that serves as a significant source of water
				supply to any public water systems shall be conducted so as to avoid disruption
				of the aquifer and consequent exchange of ground water between the aquifer and
				other strata. The director may prohibit mining in the vicinity of the aquifer
				or may limit the percentage of coal extraction to protect the aquifer and water
				supply.
(c) Underground mining
				activities may be conducted beneath or in close proximity to:
(1) a church;
(2) a school;
(3) a hospital;
(4) a courthouse;
(5) a government office; or
(6) another public building or facility;
only upon a finding by the director (made on the basis of
				  detailed subsurface information contained in the approved permit) that the
				  activities will not cause material damage to, or reduce the reasonable
				  foreseeable use of, the public buildings or facilities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-126 - Underground mining; cessation of operation; temporary

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 126.
(a) Each
				person who conducts underground mining activities shall effectively support and
				maintain all surface access openings to underground operations and 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 underground 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 surface acres and
				the horizontal and vertical extent of subsurface strata which have been in the
				permit area prior to cessation or abandonment, the extent and kind of
				reclamation of surface area which have been accomplished, and identification of
				the backfilling, regrading, revegetation, environmental monitoring, underground
				opening closures, and water treatment activities that will continue during the
				temporary cessation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-127 - Underground mining; cessation of operation; permanent

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 127.
(a)
				Persons who cease underground mining activities permanently shall close or
				backfill or otherwise permanently reclaim all affected areas in accordance with
				this article and according to the permit approved by the director.
(b) All surface equipment, structures, or
				other facilities not required for continued underground mining activities and
				monitoring, unless approved by the director as suitable for the postmining land
				use or environmental monitoring, shall be removed and the affected lands
				reclaimed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-128 - Underground mining; postmining land use

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 128.
(a) All
				affected areas shall be restored in a timely manner to:
(1) conditions that are capable of supporting
				the uses which they were capable of supporting before any mining; or
(2) higher or better uses achievable under
				criteria and procedures of this section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-129 - Underground mining; roads

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 129.
(a) Each
				road, as defined in
				312 IAC
				25-1-126, shall be classified as either a primary road
				or an ancillary road as follows:
(1) A
				primary road is any road that is:
(A) used for
				transporting coal or spoil;
(B)
				frequently used for access or other purposes for a period in excess of six (6)
				months; or
(C) to be retained for
				an approved postmining land use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-130 - Underground mining; primary roads

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 130.
Primary roads shall meet the requirements of section 129 of
				  this rule and the additional requirements of this section as follows:
(1) The construction or reconstruction of
				primary roads shall be certified in a report to the director by a qualified
				registered professional engineer with experience in the design and construction
				of roads. The report shall indicate that the primary road has been constructed
				or reconstructed as designed and in accordance with the approved
				plan.
(2) Each primary road
				embankment shall be shown to have a minimum static factor of one and
				three-tenths (1.3) or shall be designed in compliance with the following design
				standards:
(A) The embankment foundation area
				shall be cleared of all organic material and the entire foundation surface
				shall be scarified.
(B) If the
				natural slope of the foundation as measured at a right angle to the roadway
				center line is steeper than 8h:1v, the embankment shall be benched into the
				existing slope beginning at the embankment toe and then filled with compacted
				level lifts.
(C) The embankment
				fill material shall be free of sod, large roots, and other large vegetative
				matter.
(D) The fill shall be
				brought up in horizontal layers of such thickness as required to facilitate
				compaction in accordance with prudent construction standards.
(E) The moisture content of the embankment
				shall be sufficient to secure proper compaction.
(F) The side slope of the embankment shall be
				no steeper than 2h:v1.
(G) Maximum
				fill height shall be twenty-five (25) feet as measured from the natural ground
				at the downstream toe to the top of the embankment.
(H) The embankment shall have a minimum top
				with of (h + 35)/5, where "h" is the embankment height as measured from natural
				ground at the downstream toe to the top of the embankment and shall be adequate
				for the intended use.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-131 - Underground mining; other transportation facilities

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 131.
Railroad loops, spurs, sidings, surface conveyor systems,
				  chutes, aerial tramways, or other transport facilities shall be designed,
				  constructed or reconstructed, maintained, and the area restored to do the
				  following:
(1) Prevent, to the extent
				possible using the best technology currently available, the following:
(A) Damage to fish, wildlife, and related
				environmental values.
(B)
				Additional contributions of suspended solids to stream flow or run-off outside
				the permit area. Any such contributions shall not be in excess of limitations
				of Indiana or federal law.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-132 - Underground mining; support facilities and utility installations

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 132.
(a)
				Support facilities required for, or used incidentally to, the operation of the
				underground mine, including, but not limited to, mine buildings, coal loading
				facilities at or near the mine site, coal storage facilities, equipment storage
				facilities, fan buildings, hoist buildings, preparation plants, sheds, shops,
				and other buildings shall be designed, constructed or reconstructed, and
				located to prevent or control erosion and siltation, water pollution, and
				damage to public or private property. Support facilities shall be designed,
				constructed or reconstructed, maintained, and used in a manner that prevents,
				to the extent possible using the best technology currently available, the
				following:
(1) Damage to fish, wildlife, and
				related environmental values.
(2)
				Additional contributions of suspended solids to stream flow or run-off outside
				the permit area. Any such contributions shall not be in excess of limitations
				of Indiana or federal law.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-133 - Underground mining; surveyor corner markers; replacement

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-10; IC
				  36-2-12-13
Sec. 133.
Any person who conducts underground mining activities shall,
				  prior to release of any portion of the applicable performance bond, ensure that
				  all surveyor corner markers disturbed by the underground mining activities are
				  replaced to the same location as found prior to the surface disturbance.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-134 - Concurrent surface and underground mining; applicability

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 134.
A variance under this section and sections 135 and 136 of
				  this rule applies only to those specific areas within the permit area that the
				  person conducting combined surface and underground mining activities has shown
				  to be necessary for implementing the proposed concurrent operations and that
				  the director has approved in the permit under
				  312
				  IAC 25-4-103. The variance is effective for any
				  particular portion of the permit area only for the time necessary to facilitate
				  the authorized underground mining activities.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-135 - Concurrent surface and underground mining; compliance with variance terms

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 135.
(a) Each
				person who conducts operations under a variance issued under
				312
				IAC 25-4-103 shall comply with all applicable
				requirements of this rule and the regulatory program, except to the extent
				that:
(1) a delay in compliance with this rule
				is specifically authorized by the variance issued under the permit;
				and
(2) the delay in compliance is
				necessary to achieve the purposes for which the variance was granted.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-136 - Concurrent surface and underground mining; additional performance standards

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 136.
In addition to sections 5 through 133 of this rule, each
				  person who conducts combined surface and underground mining activities shall
				  comply with the following:
(1) A five
				hundred (500) foot barrier pillar of coal shall be maintained between the
				surface and underground mining activities in any one (1) seam. The director
				may, after consultation with the Mine Safety and Health Administration and the
				Indiana bureau of mines, approve a lesser distance after a finding by the
				director that mining at a lesser distance will result in:
(A) improved coal resources
				recovery;
(B) abatement of water
				pollution; or
(C) 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 6-137 - Auger mining; special standards; applicability

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 137.
This section and section 138 of this rule apply to all
				  surface mining activities involving auger mining. This section and section 138
				  of this rule are in addition to those in sections 5 through 69 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-138 - Auger mining; special standards; additional performance standards

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 138.
(a) Auger
				mining associated with surface mining activities shall be conducted to maximize
				recoverability of mineral reserves remaining after the mining activities are
				completed. Each person who conducts auger mining operations shall leave areas
				of the undisturbed coal to provide access for removal of those reserves by
				future underground mining activities, unless the director determines that the
				coal reserves have been depleted or are limited in thickness or extent to the
				point that it will not be practicable to recover the remaining coal reserves.
				The director shall make this determination only upon presentation of
				appropriate technical evidence by the operator. Undisturbed areas of coal shall
				be left in unmined sections that satisfy each of the following:
(1) Are a minimum of two hundred fifty (250)
				feet wide at any point between each group of auger openings to the full depth
				of the auger hole.
(2) Are no more
				than two thousand five hundred (2,500) feet apart, measured from the center of
				one (1) section to the center of the next section, unless a greater distance is
				set forth in the permit application under
				312 IAC
				25-4-104 and approved by the director.
(3) For multiple seam mining, have a width of
				at least two hundred fifty (250) feet plus fifty (50) feet for each subjacent
				workable coal seam. The centers of all unmined sections shall be aligned
				vertically.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-139 - Prime farmland; special performance standards; scope, purpose, and applicability

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 139.
(a) This
				section and sections 140 through 143 of this rule set forth special performance
				standards for surface coal mining and reclamation operations on prime
				farmland.
(b) This section and
				sections 140 through 143 of this rule do not apply to any of the following:
(1) Coal preparation plants associated with
				underground mines, support facilities associated with underground mines, and
				roads associated with underground mines that are actively used over extended
				periods of time and where such uses affect a minimal amount of land. These uses
				shall satisfy the following sections of this rule for underground mining
				activities:
(A) 70 through 74.
(B) 75.
(C) 76 through 96.
(D) 97 through 111.
(E) 112.
(F) 113.
(G) 115 through 133.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-140 - Prime farmland; special performance standards; United States Soil Conservation Service criteria

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR 823.4
Sec. 140.
To carry out his or her responsibilities under
				  312 IAC
				  25-4-102 and 312 IAC 25-5, the director shall use any
				  prime farmland soil reconstruction specifications promulgated as rules by the
				  United States Soil Conservation Service for Indiana.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-141 - Prime farmland; special performance standards; soil removal and stockpiling

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 141.
(a) Prime
				farmland soils shall be removed from the areas to be disturbed before drilling,
				blasting, or mining.
(b) The
				minimum depth of soil and substitute soil materials to be removed and stored
				for use in the reconstruction of prime farmland shall be sufficient to meet the
				requirements of section 142(b) of this rule.
(c) Soil removal and stockpiling operations
				on prime farmland shall be conducted as follows:
(1) To separately remove the topsoil or
				remove other suitable soil materials where the other soil materials will create
				a final soil having a greater productive capacity than that which existed prior
				to mining. If not utilized immediately, this material shall be placed in
				stockpiles separate from the spoil and all other excavated materials.
(2) To separately remove the B horizon, C
				horizon, or other suitable soil material to provide the thickness of suitable
				soil required by section 142(b) of this rule, except as approved by the
				director where the B horizon or C horizon would not otherwise be removed and
				where soil capabilities can be retained. If not utilized immediately, each
				horizon or other material shall be stockpiled separately from the spoil and all
				other excavated materials. Where combinations of the soil materials created by
				mixing have been shown to be equally or more favorable for plant growth than
				the B horizon, separate handling is not necessary.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-142 - Prime farmland; special performance standards; soil replacement

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 142.
(a) The
				minimum depth of soil and soil material to be reconstructed for prime farmland
				shall be sufficient to create in the reconstructed final soil, a root zone of
				sufficient depth to support the approved postmining land use and, as described
				in the approved plan submitted under
				312 IAC
				25-4-102, that will have the capability of achieving
				levels of yield equal to, or higher than, those of nonmined prime farmland in
				the surrounding area.
(b) The
				minimum depth of soil and substitute soil material to be reconstructed shall be
				forty-eight (48) inches, or a lesser depth equal to the depth to a subsurface
				horizon in the natural soil that inhibits or prevents root penetration, or a
				greater depth if determined necessary by the director to restore the original
				soil productive capacity. A soil horizon inhibits or prevents root penetration
				if its physical or chemical properties or water supplying capabilities cause
				the horizon to restrict or prevent penetration by roots of plants common to the
				vicinity of the permit area and if these properties or capacities have little
				or no beneficial effect on soil productive capacity.
(c) The operator shall replace and regrade
				the soil horizons or other root zone material to a uniform depth and in a
				manner that avoids excessive compaction.
(d) The operator shall replace the B horizon,
				C horizon, or other suitable material specified in section 141(c)(2) of this
				rule to the thickness needed to meet the requirements of subsection (b). In an
				area where the B horizon or C horizon is not removed, but may have been
				compacted or otherwise damaged during the mining operation, the operator shall
				engage in deep tilling or other appropriate means to restore premining
				capabilities.
(e) The operator
				shall replace the topsoil or other suitable soil materials specified in section
				141(c)(2) of this rule as the final surface soil layer. This surface soil layer
				shall equal or exceed the thickness of the original surface soil layer as
				determined by the soil survey, and be replaced in a manner that protects the
				surface layer from wind and water erosion before it is seeded or
				planted.
(f) The operator shall
				apply nutrients and soil amendments as needed to quickly establish vegetative
				growth.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-144 - Steep slopes; backfilling and grading

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 144.
(a)
				Surface mining activities or underground mining activities on steep slopes
				shall be conducted so as to meet the requirements of
				312
				IAC 25-6-50 and
				312
				IAC 25-6-112, and the requirements of this rule except
				where mining is conducted on flat or gently rolling terrain with an occasional
				steep slope through which the mining proceeds and leaves a plain or
				predominately flat area.
(b) The
				following materials shall not be placed on the downslope:
(1) Spoil.
(2) Waste materials of any type.
(3) Debris, including that from clearing and
				grubbing.
(4) Abandoned or disabled
				equipment.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-145 - Coal preparation plants not within permit area for a mine; permits; applicability

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 145.
A person who conducts surface coal mining and reclamation
				  operations, which include the operation of a coal preparation plant that is not
				  located within the permit area for a specific mine, shall obtain a permit under
				  312
				  IAC 25-4-106 to conduct those operations and must
				  comply with section 146 of this rule.