reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-3 - Responsibilities of department of natural resources

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 3.
(a) The
				department shall prescribe and furnish forms for filing performance bonds under
				section 6 of this rule.
(b) The
				department shall prescribe terms and conditions for performance bonds and
				insurance that meet the requirements of this rule.
(c) The department shall determine the amount
				of the bond under section 8 of this rule.
(d) The department shall release liability
				under bonds under section 16 of this rule.
(e) The department shall cause all or part of
				a bond to be forfeited under section 17 of this rule.
(f) The department shall require in the
				permit that adequate bond coverage be in effect at all times. Except as
				provided in section 10(e)(2) of this rule, operating without bond coverage is a
				violation of a permit.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-4 - Definitions

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 4.
(a) The
				definitions in this section apply throughout this rule.
(b) "Collateral bond" means an indemnity
				agreement in a sum certain deposited with the department and executed by the
				permittee and supported by one (1) or more of the following:
(1) The deposit of cash in one (1) or more
				accounts, payable only to the Indiana department of natural resources upon
				demand after the department has determined the need for forfeiture and has
				notified the permittee of forfeiture action.
(2) Certificates of deposit made payable and
				assigned to the Indiana department of natural resources. Total deposits of the
				applicant at the institution certifying the certificate of deposit shall not
				exceed one hundred thousand dollars ($100,000) or the maximum insurable amount
				as determined by Federal Deposit Insurance Corporation and Federal Savings and
				Loan Insurance Corporation.
(3) An
				irrevocable letter of credit of any bank organized or authorized to transact
				business in Indiana, in accordance with section 12(b)(3) of this
				rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-5 - Filing bonds; requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 5.
(a) After a
				surface coal mining and reclamation permit application has been approved, but
				before such permit is issued, the applicant shall file with the department, on
				a form prescribed and furnished by the department, a bond or bonds for
				performance made payable, as appropriate, to "State of Indiana Department of
				Natural Resources", and conditioned upon the faithful performance of all the
				requirements of IC 14-34, this article, and the permit.
(b) The bond or bonds shall be filed with the
				department as follows:
(1) The bond or bonds
				shall be provided for that area of land within the permit area upon which the
				operator will initiate and conduct surface coal mining and reclamation
				operations within the initial term of the permit.
(2) For succeeding increments of surface coal
				mining and reclamation operations to be initiated and conducted within the
				permit area, the permittee shall file with the department an additional bond or
				bonds to cover such increments in accordance with this section. The bond for
				succeeding increments shall be filed with the department at least thirty (30)
				days prior to commencing any surface coal mining and reclamation operations on
				that incremental area.
(3) The
				operator shall identify the initial and successive areas of increments for
				bonding on the permit application map or aerial photograph submitted for
				approval under
				312
				IAC 25-4-36 or
				312
				IAC 25-4-77 and shall specify the bond amount to be
				provided for each area or increment.
(4) Independent increments shall be of
				sufficient size and configuration to provide for efficient reclamation
				operations should reclamation by the regulatory authority become necessary
				under section 17 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-6 - Performance bonds; form

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 6.
(a) The form
				of the performance bond shall be approved by the director. The director may
				allow for any of the following:
(1) A surety
				bond.
(2) A collateral
				bond.
(3) An escrow account
				bond.
(4) Combined surety/escrow
				bonding.
(5) A combination of any
				of the bonding methods in subdivisions (1) through (4).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-7 - Period of liability

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 7.
(a)
				Liability under the bond shall be for the duration of the surface coal mining
				and reclamation operation and for a period coincident with the operator's
				responsibility for revegetation requirements in
				312
				IAC 25-6-59 through
				312 IAC
				25-6-61,
				312
				IAC 25-6-120, and
				312
				IAC 25-6-122, except, with the approval of the
				director, a bond may be posted and approved to guarantee specific phases of
				reclamation within the permit area provided the sum of phase bonds posted
				equals or exceeds the total amount required under sections 8 and 9 of this
				rule. The scope of work to be guaranteed and the liability assumed under each
				phase bond shall be specified in detail.
(b) The period of liability shall:
(1) commence after the last year of augmented
				seeding, fertilizing, irrigation, or other work;
(2) continue for not less than five (5)
				years; and
(3) begin again whenever
				augmented seeding, fertilizing, irrigation, or other work is required or
				conducted on the site prior to bond release, except as provided in
				312
				IAC 25-6-59.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-8 - Bond amount; determination

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 8.
(a) The
				director shall approve a bond rate per acre based on the probable difficulty of
				reclamation due to, but not limited to, factors such as the following:
(1) Prime farmland requirements.
(2) Postmining land uses.
(3) Depth of overburden.
(4) Topsoil handling requirements.
(5) Use of alternate topsoil
				materials.
(6)
				Topography.
(7) Potential toxic
				producing materials.
(8) Excess
				spoil.
(9) Surface and ground water
				requirements.
(10) Nature of
				overburden.
(11) Revegetation
				requirements.
(12) Remining of
				previously disturbed areas.
(13)
				Refuse disposal considerations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-9 - Adjustment of amount

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 9.
(a) The
				amount of bond or deposit required and the terms of each acceptance of the
				applicant's bonds shall be adjusted by the director from time to time as
				affected land acreages are increased or decreased or where the cost of future
				reclamation changes. The director shall notify the permittee, the surety, and
				any other person with a property interest in collateral of any proposed bond
				adjustment, and provide the permittee an opportunity for an informal conference
				on the adjustment. Bond adjustments are not subject to procedures of bond
				release under section 16 of this rule.
(b) A permittee may request reduction of the
				amount of performance bond upon submission of evidence to the director proving
				that the permittee's method of operation or other circumstances will reduce the
				estimated cost to the director to reclaim the area bonded. This reduction of
				bond shall be deemed a bond adjustment.
(c) In the event that an approved operations
				and reclamation plan is modified in accordance with this rule, the director
				will review the bond for adequacy and, if necessary, will adjust the bond to
				conform to the operations and reclamation plan as modified.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-10 - General terms and conditions of bond

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 10.
(a) The
				performance bond shall be in an amount determined by the director as provided
				in section 8 of this rule.
(b) The
				performance bond shall be payable to "State of Indiana Department of Natural
				Resources".
(c) The performance
				bond shall be conditioned upon faithful performance of all of the requirements
				of IC 14-34, this article, the director, and the conditions of the
				permit.
(d) The duration of the
				bond shall be for the time period provided in section 7 of this rule.
(e) Reporting requirements for the bond shall
				be as follows:
(1) The bond shall provide for
				a mechanism for a bank or surety company to give prompt notice to the director
				and the permittee of any action filed alleging:
(A) the insolvency or bankruptcy of the
				surety company or the bank; or
(B)
				any violations that would result in suspension or revocation of the surety's
				charter or bank's charter or license to do business.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-11 - Surety bonds; types and conditions

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 11.
(a) The
				bond shall be executed by the operator and a corporate surety licensed to do
				business in Indiana. Surety bond coverage for permitted lands not disturbed may
				be canceled with the consent of the director.
(b) Surety bonds shall be noncancelable
				during their term.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-12 - Collateral bonds

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34;
				  30 CFR
				  800.21
Sec. 12.
(a)
				Collateral bonds, except for letters of credit, shall be subject to the
				following conditions:
(1) The director shall
				obtain possession of and keep in custody all collateral deposited by the
				applicant until authorized for release or replacement as provided in this
				rule.
(2) The director shall value
				collateral at its current market value, not face value.
(3) The director shall require that
				certificates of deposit be assigned to the state, in writing, and upon the
				books of the bank issuing such certificates.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-13 - Escrow bonding

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 13.
(a) The
				director may authorize the permittee to supplement the bond through the
				establishment of an escrow account deposited in one (1) or more accounts
				payable on demand only to the state or deposited with the director directly.
				The total bond, including the escrow amount, shall not be less than the amount
				required under the terms of performance bonds, including any adjustments, less
				amounts released in accordance with release of performance bonds.
(b) Interest paid on an escrow account shall
				be retained in the escrow account and applied to the bond value of the escrow
				account unless the director has approved that the interest be paid to the
				permittee.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-14 - Surety/escrow bonding combined

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 14.
The director may accept a combined surety/escrow bonding
				  schedule provided the following:
(1) A
				surety bond payable to the state is posted in the amount determined under
				section 8 of this rule for reclamation of each successive increment.
(2) An interest-bearing escrow account
				payable to the state with a predetermined deposit amount and frequency is
				established.
(3) The amount of the
				surety bond shall always be sufficient to cover the difference between the
				escrow balance and the total reclamation cost.
(4) The terms and conditions of the escrow
				account shall be developed jointly by the permittee, surety, and director.
				Deposits to the escrow account by the permittee shall be made periodically and
				so reported to the director. Failure to make deposits on schedule shall be just
				cause for action by the director.
(5) A certified escrow account balance
				statement shall be provided periodically to the surety and the director.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-15 - Bond replacement

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 15.
(a) The
				director may allow permittees to replace existing bonds with other bonds if the
				liability that has accrued against the permittee on the permit area is
				transferred to such replacement bonds.
(b) The director shall not release existing
				performance bonds until the permittee has submitted and the director has
				approved acceptable replacement performance bonds. A replacement of performance
				bonds under this section shall not constitute a release of bond under section
				16 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-16 - Performance bond release; requirements

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-34-2-1; IC 14-34-6-11
Affected: IC 4-21.5-3; IC 14-34-10-2;
				  30
				  CFR 800.40
Sec. 16.
(a) A
				permittee may file a request with the department for the release of all or part
				of a performance bond or deposit. Within thirty (30) days after an application
				for bond or deposit release is filed with the department, the operator shall
				submit a copy of an advertisement placed at least once a week for four (4)
				successive weeks in a newspaper of general circulation in the locality of the
				surface coal mining operation. The advertisement must be part of any bond
				release application and shall include the following:
(1) The precise location of the land
				affected.
(2) The number of
				acres.
(3) The permittee's
				name.
(4) The permit number and the
				date approved.
(5) The amount of
				the bond filed and the portion sought to be released.
(6) The type and appropriate dates of
				reclamation work performed.
(7) A
				description of the results achieved relative to the operator's approved
				reclamation plan.
The advertisement shall also state that any person with a
				  valid legal interest that might be adversely affected by release of the bond,
				  or the responsible officer or head of any federal, Indiana, or local
				  governmental agency that has jurisdiction by law or is authorized to develop
				  and enforce environmental standards with respect to the operations, may file
				  written comments or objections or may request a public hearing concerning the
				  proposed release from bond with the department within thirty (30) days after
				  the last publication of notice. The notice shall contain the address of the
				  division for submission of comment and the calendar date for the close of the
				  comment period. In addition, as part of any bond release application, the
				  applicant shall submit copies of letters that the applicant has sent to
				  adjoining property owners, local governmental bodies, planning agencies, and
				  sewage and water treatment authorities or water companies in the locality in
				  which the surface coal mining and reclamation activities took place, providing
				  notification of the request to seek release from the bond.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-17 - Forfeiture of bonds

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 4-21.5; IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 17.
(a) The
				director shall forfeit all or part of a bond for any permit area or an
				increment of a permit area if reclamation operations are not conducted in
				accordance with the reclamation plan or the operator defaults on the conditions
				under which the bond was posted.
(b) The director may withhold forfeiture if
				the permittee and surety, if any, agree to a compliance schedule to comply with
				the violations of the permit or bond conditions.
(c) The director may allow the surety to
				complete the reclamation plan if the surety can demonstrate the ability to
				complete the reclamation plan, including achievement of the capability to
				support the alternative postmining land use approved by the director. No bond
				shall be released, except for partial releases authorized under section 16 of
				this rule, until successful completion of all reclamation under the terms of
				the permit, including applicable liability periods of section 7 of this
				rule.
(d) In the event a
				determination to forfeit bond is made, the department shall do the following:
(1) Send written notification by certified
				mail, return receipt requested, to the permittee and the surety on the bond, if
				any, of the director's determination to forfeit all or part of the bond and the
				reasons for the forfeiture, including a finding of the amount to be
				forfeited.
(2) Advise the permittee
				and surety of their rights to appeal the final determination in accordance with
				IC 4-21.5.
(3) Proceed in an action
				for collection of the bond as provided by applicable laws for the collection of
				defaulted bonds or other debts, consistent with this section, for the amount
				forfeited, if an appeal is not filed within a time established by the director
				and a stay of collection issued by the hearing officer or such appeal is
				unsuccessful.
(4) If an appeal is
				filed, defend the action.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-18 - Determination of forfeiture amount

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 18.
The department shall forfeit the amount of the bond for which
				  liability is outstanding and deposit the proceeds thereof in a dedicated
				  account for use in the payment of all costs associated with the conduct of
				  reclamation activities by the department. Funds forfeited and not used to
				  contract for completion of reclamation work, as indicated in this section,
				  shall be returned by the department to the appropriate entity after reclamation
				  operations have been completed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 5 - Bonding Liability Insurance › Section 5-19 - Liability insurance; terms and conditions

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec. 19.
(a) The
				department shall require the applicant to submit at the time of permit
				application a certificate certifying that the applicant has a public liability
				insurance policy in force for the surface coal mining and reclamation operation
				for which the permit is sought. The certificate shall provide for personal
				injury and property damage protection in an amount adequate to compensate all
				persons injured or property damaged as a result of surface coal mining and
				reclamation operations, including use of explosives and damage to water wells,
				and entitled to compensation under the applicable provisions of Indiana law.
				Minimum insurance coverage for bodily injury shall be three hundred thousand
				dollars ($300,000) for each occurrence and five hundred thousand dollars
				($500,000) aggregate; and minimum insurance coverage for property damage shall
				be two hundred fifty thousand dollars ($250,000) for each occurrence and five
				hundred thousand dollars ($500,000) aggregate.
(b) The policy shall be maintained in full
				force during the life of the permit or any renewal thereof, including
				completion of all reclamation operations under this article.
(c) The policy shall include a rider
				requiring that the insurer notify the department whenever substantive changes
				are made in the policy, including any termination or failure to
				renew.
(d) The department may
				accept from the applicant, in lieu of a certificate for a public liability
				insurance policy, satisfactory evidence from the applicant that it is
				self-insured in whole or in part.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-1 - Coal exploration; applicability

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec.1. Each person who conducts coal exploration activities
				  for the purpose of determining the location, quantity, or quality of a coal
				  seam shall comply with this section and sections 2 through 4 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-2 - Coal exploration; required documents

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34-3; IC 14-34-6; IC 14-34-9; IC
				  14-34-10
Sec.2. Each person who conducts coal exploration operations
				  under section 1 of this rule, this section, sections 3 and 4 of this rule,
				  312 IAC
				  25-4-10(b), and
				  312
				  IAC 25-4-11 shall, while in the exploration area,
				  possess written approval of the director for the activities. The written
				  approval shall be available for review by the authorized representative of the
				  director upon request.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-3 - Coal exploration; performance standards

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 3.
(a) The
				performance standards in this section are applicable to all coal exploration
				activities conducted for the purpose of determining the location, quantity, or
				quality of a coal seam that coal exploration activities substantially disturb
				the natural land surface as defined at
				312 IAC
				25-1-142.
(b) Habitats of unique or unusually high
				value for fish, wildlife, and other related environmental values and critical
				habitats of threatened or endangered species identified under the Endangered
				Species Act of 1973 (
				16
				U.S.C. 1531 et seq.) shall not be disturbed
				during coal exploration.
(c)
				Vehicular travel on other than established graded and surfaced roads shall be
				limited by the person who conducts exploration to that absolutely necessary to
				conduct the exploration. Travel shall be confined to graded and surfaced roads
				during periods when excessive damage to vegetation or rutting of the land
				surface could result. All roads or other transportation facilities used for
				coal exploration shall comply with the applicable provisions of sections 65(b)
				through 65(f), 67, and 68 of this rule.
(d) If excavations, artificial flat areas, or
				embankments are created during exploration, these areas shall be returned to
				the approximate original contour promptly after such features are no longer
				needed for coal exploration.
(e)
				Topsoil shall be removed, stored, and redistributed on disturbed areas as
				necessary to assure revegetation or as required by the director.
(f) Revegetation of areas disturbed by coal
				exploration shall be performed by the person who conducts the exploration, or
				that person's agent, and shall be accomplished in a manner that encourages
				prompt revegetation and recovery of a diverse, effective, and permanent
				vegetative cover. All revegetation shall be in compliance with the plan
				approved by the director as follows:
(1) All
				disturbed land shall be seeded or planted to the same seasonal variety native
				to the disturbed area. If the land use of the exploration area is intensive
				agriculture, planting of the crops normally grown will meet the requirements of
				this section.
(2) The vegetative
				cover shall be capable of stabilizing the soil surface from erosion.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-4 - Coal exploration; permit requirements

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 4.
(a) Any
				person who extracts coal for commercial use or sale during coal exploration
				operations must first obtain a permit for those operations from the director
				under
				312 IAC
				25-4-1 through
				312
				IAC 25-4-134.
(b) With the prior written approval of the
				director, no permit to conduct surface coal mining operations is required for
				the sale or commercial use of coal extracted during exploration operations if
				such sale or commercial use is for coal testing purposes only. The person
				conducting the exploration shall file an application for such approval with the
				director. The application shall demonstrate that the coal testing is necessary
				for the development of a surface coal mining and reclamation operation for
				which a surface coal mining operations permit application is to be submitted in
				the near future and that the proposed commercial use or sale of coal extracted
				during exploration operations is solely for the purpose of testing the coal.
				The application shall contain each of the following:
(1) The name of the testing firm and the
				locations at which the coal will be tested.
(2) If the coal will be sold directly to or
				commercially used directly by the intended end user, a statement from the
				intended end user, or if the coal is sold indirectly to the intended end user
				through an agent or broker, a statement from the agent or broker. The statement
				shall include each of the following:
(A) The
				specific reason for the test, including why the coal may be so different from
				the intended user's other coal supplies as to require testing.
(B) The amount of coal necessary for the test
				and why a lesser amount is not sufficient.
(C) A description of the specific tests that
				will be conducted.
(3)
				Evidence that sufficient reserves of coal are available to the person
				conducting exploration or its principals for future commercial use or sale to
				the intended end user, or agent or broker of such user identified in this
				subsection, to demonstrate that the amount of coal to be removed is not the
				total reserve but is a sampling of a larger reserve.
(4) An explanation as to why other means of
				exploration, such as core drilling, are not adequate to determine the quality
				of the coal and/or the feasibility of developing a surface coal mining
				operation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-5 - Surface mining; applicability

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 5.
This section and sections 6 through 69 of this rule apply to
				  all surface mining activities conducted under IC 14-34.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-6 - Surface mining; signs and markers

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 6.
(a) All
				signs required to be posted shall be of a standard design that can be seen and
				read easily and shall be made of durable material. The signs and other markers
				shall be maintained for the duration of all operations to which they
				pertain.
(b) Signs identifying the
				mine area shall be displayed at all points of access to the permit area from
				public roads and highways. Signs shall show the name, business address, and
				telephone number of the permittee and identification number of the current
				mining and reclamation permit or other authorization to operate. Such signs
				shall not be removed until after release of all bonds.
(c) The perimeter of the permit area shall be
				clearly marked before the beginning of surface mining activities.
(d) If blasting is conducted incident to
				surface mining activities, the permittee shall do the following:
(1) Conspicuously display signs reading
				"Blasting Area" along the edge of any blasting area that comes within one
				hundred (100) feet of any public road right-of-way, and at the point where any
				other road provides access to the blasting area.
(2) Conspicuously flag the immediate vicinity
				of charged holes.
(3) Place at all
				entrances to the permit area from public roads conspicuous signs that state
				"Warning Explosives in Use", that:
(A) clearly
				explain the blast warning and all clear signals that are in use; and
(B) explain the marking of blasting areas and
				charged holes within the permit area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-7 - Surface mining; coal recovery

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 7.
Surface mining activities shall be conducted so as to
				  maximize the utilization and conservation of the coal, while utilizing the best
				  appropriate technology currently available to maintain environmental integrity,
				  so that reaffecting the land in the future through surface coal mining
				  operations is minimized.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-8 - Surface mining; casing and sealing drilled holes; general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 8.
(a) Each
				drilled hole, shaft, well, or other exposed underground opening shall be cased,
				sealed, or managed to prevent acid or toxic water drainage from entering ground
				or surface waters and to minimize disturbance to the prevailing hydrologic
				balance. Each hole extending below or beyond the stratum immediately below the
				lowermost coal seam to be mined by the surface methods, within the permit area,
				shall be sealed in a manner to prevent exposure by mining activity.
(b) Use of a drilled hole, shaft, or other
				underground opening as a water well must meet the provisions of section 24 of
				this rule.
(c) This section does
				not apply to holes solely drilled and used for blasting.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-9 - Surface mining; casing and sealing drilled holes; temporary

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 9.
Each drilled hole, well, or other exposed underground opening
				  identified in the approved permit application for use to return coal processing
				  waste or water to underground workings, or to be used to monitor ground water
				  conditions, shall be temporarily sealed before use and protected during use by
				  barricades, fences, or other protective devices.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-10 - Surface mining; casing and sealing drilled holes; permanent

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 10.
Each drilled hole, shaft, well, or other exposed underground
				  opening when no longer in use for exploration, monitoring, or other mine uses
				  or unless approved for transfer as a water well under section 24 of this rule,
				  shall be cased, sealed, or otherwise managed to prevent acid or other toxic
				  drainage from entering ground and surface waters. Permanent closure measures
				  shall be designed to prevent access to the mine workings by people, livestock,
				  fish and wildlife, and machinery.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-11 - Surface mining; topsoil and subsoil

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 11.
(a) All
				topsoil shall be removed as a separate layer from the area to be disturbed and
				segregated. Additional topsoil requirements are as follows:
(1) Where the topsoil is of insufficient
				quantity or of poor quality to sustain vegetation, the material approved by the
				director as a topsoil substitute or supplement in accordance with subsection
				(c) shall be removed separately from the area to be disturbed and
				segregated.
(2) If the topsoil is
				less than six (6) inches thick, the permittee may remove the topsoil and the
				unconsolidated materials immediately below the topsoil to a total depth of six
				(6) inches and treat the mixture as topsoil.
(3) Topsoil need not be removed:
(A) at sites disturbed only by power poles,
				signs, fence posts, electrical substations, transformers and switchboxes,
				explosives magazines, temporary buildings on skids, topsoil stockpiles, culvert
				installations, cable routes, cable storage areas, powerline cable suspension
				towers or "horses", pumps, pump hoses, and pipelines; and
(B) with the director's approval, for minor
				disturbances that will not permanently destroy the existing vegetation and will
				not cause erosion.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-12 - Hydrologic balance; general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 12.
(a) Surface
				mining activities shall be planned and conducted to minimize changes to the
				prevailing hydrologic balance in both the permit area and adjacent areas, to
				prevent material damage to the hydrologic balance outside the permit area, in
				order to prevent long term adverse changes in that balance which could result
				from those activities.
(b) Changes
				in water quality and quantity, in the depth to ground water, and in the
				location of surface water drainage channels shall be minimized so that the
				approved postmining land use of the permit area is not adversely
				affected.
(c) In no case shall
				federal and Indiana water quality statutes, regulations, rules, standards, or
				effluent limitations be violated.
(d) Operations shall be conducted to minimize
				water pollution. If necessary, treatment methods shall be used to control water
				pollution.
(e) Each person who
				conducts surface mining activities shall emphasize mining and reclamation
				practices that prevent or minimize water pollution. Changes in flow of drainage
				shall be used in preference to the use of water treatment facilities.
(f) Acceptable practices to control and
				minimize water pollution include the following:
(1) Stabilizing disturbed areas through land
				shaping.
(2) Diverting
				run-off.
(3) Achieving quickly
				germinating and growing stands of temporary vegetation.
(4) Regulating channel velocity of
				water.
(5) Lining drainage channels
				with rock or vegetation.
(6)
				Mulching.
(7) Selectively placing
				and sealing acid-forming and toxic-forming materials.
(8) Selectively placing waste materials in
				backfill areas.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-12.5 - Hydrologic balance; application of ground water quality standards at surface coal mining and reclamation operations permitted under IC 14-34 on which coal extraction, including augering, coal processing, coal processing waste disposal, or spoil deposition, occurs after the effective date of this section, or on which disposal activity subject to IC 13-19-3-3 has occurred and the area is not fully released from the performance bond required by IC 14-34-6

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 12.5.
(a)
				Ground water is classified under 327 IAC 2-11 to determine appropriate criteria
				that shall be applied to ground water.
(b) Surface coal mining and reclamation
				operations must be planned and conducted to prevent violations of ground water
				quality standards under 327 IAC 2-11.
(c) Surface coal mining and reclamation
				operations must be planned and conducted to prevent impacts to the ground water
				in a drinking water well or a nondrinking water supply well, including an
				industrial, commercial, or agricultural supply well, that result in a
				contaminant concentration that, based on best scientific information, renders
				the well unusable for its current use. If a drinking water well or a
				nondrinking water supply well is affected by contamination, diminution, or
				interruption proximately resulting from surface mining activities,
				312
				IAC 25-4-33 and
				312 IAC
				25-6-25 govern water replacement.
(d) The ground water management zone
				described in
				327 IAC
				2-11-9 must be established as follows:
(1) At each drinking water well that is
				within three hundred (300) feet from the edge of any of the following:
(A) A coal extraction area.
(B) A coal mine processing waste disposal
				site if not within a coal extraction area.
(C) An area where coal is extracted by auger
				mining methods.
(D) A location at
				which coal is crushed, washed, screened, stored, and loaded at or near the mine
				site unless the location is within the coal extraction area.
(E) A spoil deposition area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-13 - Surface mining; hydrologic balance; water quality standards and effluent limitations

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 13.
(a) All
				surface drainage from the disturbed area shall be controlled through use of a
				siltation structure, a series of siltation structures, or such alternative
				techniques as provided in section 16 of this rule before leaving the permit
				area.
(b) Siltation structures and
				other approved alternate techniques as provided in section 16(b) of this rule
				shall be operated and maintained to achieve applicable federal and state
				effluent limitations.
(c) For the
				purposes of this section only, "disturbed area" shall not include those areas
				in which only diversion ditches, siltation structures, or roads are installed
				in accordance with sections 5 through 12 of this rule, this section, and
				sections 14 through 68 of this rule.
(d) Siltation structures required by this
				section shall be constructed in accordance with section 17 of this rule in
				appropriate locations before beginning any surface mining activities in the
				drainage area to be affected.
(e)
				Discharges of water from areas disturbed by surface mining activities shall be
				made in compliance with each of the following:
(1) All applicable state and federal water
				quality laws and regulations.
(2)
				Effluent limitations for coal mining promulgated by the federal United States
				Environmental Protection Agency set forth in 40 CFR 434.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-14 - Hydrologic balance; diversion; general requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 14.
(a) Flow
				may be diverted around disturbed areas through temporary or permanent
				diversions if approved by the director for:
(1) mined areas abandoned before May 3,
				1978;
(2) reclaimed areas that meet
				the criteria of section 17(e) of this rule for siltation structure
				removal;
(3) undisturbed areas;
				or
(4) active surface coal mining
				operations after passing through a siltation structure and meeting the
				applicable effluent limitations.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-15 - Hydrologic balance; diversions of perennial streams, intermittent streams, miscellaneous flows; supplemental requirements

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 15.
(a) This
				section provides requirements that are supplemental to those contained in
				section 14 of this rule for the following:
(1)
				Diversions of perennial streams.
(2) Intermittent streams with a watershed
				greater than one (1) square mile.
(3) Miscellaneous flows.
Subsection (b) governs perennial streams and intermittent
				  streams with a watershed greater than one (1) square mile. Subsection (c)
				  governs miscellaneous flows.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-16 - Surface mining; hydrologic balance; sediment control measures

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 16.
(a)
				Appropriate sediment control measures shall be designed, constructed, and
				maintained using the best technology currently available to do as follows:
(1) Prevent, to the extent possible,
				additional contributions of suspended solids to stream flow or to run-off
				outside the permit area.
(2) Meet
				the more stringent of applicable Indiana or federal effluent
				limitations.
(3) Minimize erosion
				to the extent possible.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-17 - Surface mining; hydrologic balance; siltation structures

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34; IC 25-31
Sec. 17.
(a)
				Siltation structures shall be constructed according to the following:
(1) Additional contributions of suspended
				solids sediment to stream flow or run-off outside the permit area shall be
				prevented to the extent possible using the best technology currently
				available.
(2) All surface drainage
				from the disturbed area shall be passed through a siltation structure before
				leaving the permit area except as provided in subdivision (5) or section 13 of
				this rule.
(3) Siltation structures
				for an area shall be constructed before beginning any surface mining activities
				in that area and, upon construction, shall be certified by a qualified
				registered professional engineer to be constructed as designed and as approved
				in the reclamation plan.
(4) Any
				siltation structure that impounds water shall be designed, constructed, and
				maintained in accordance with section 20 of this rule.
(5) Siltation structures shall be maintained
				until removal is authorized by the director and the disturbed area has been
				stabilized and revegetated in accordance with the reclamation plan and sections
				48 through 61 of this rule so that the following requirements are met:
(A) Removal of the structure will not result
				in violations of applicable water quality standards in the receiving
				stream.
(B) Postmining drainage is
				shown to be of the approximate quality of the drainage from the area prior to
				mining.
(C) If baseline data is
				unavailable concerning the quality of drainage before mining, it is shown to be
				of the approximate quality of drainage from similar areas of unmined land.
In no case shall the structure be removed sooner than two (2)
				  years after the last augmented seeding.
(6) When the siltation structure is removed,
				the land on which it is located shall be regraded and revegetated in accordance
				with the reclamation plan and sections 54 through 61 of this rule. Siltation
				structures approved by the director for retention as permanent impoundments
				shall meet all the requirements for permanent impoundments of sections 20
				through 27 of this rule.
(7) Any
				point source discharge of water from underground workings to surface waters
				that does not meet the effluent limitations of section 77 of this rule shall be
				passed through a siltation structure before leaving the permit area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-18 - Hydrologic balance; discharge structures

Current through July 10, 2024
Authority: IC
				  14-34-2-1
Affected: IC 14-34
Sec. 18.
Discharge from siltation structures, permanent and temporary
				  impoundments, coal processing waste dams and embankments, and diversions shall
				  be controlled, by energy dissipators, riprap channels, and other devices, where
				  necessary, to do the following:
(1)
				Reduce erosion.
(2) Prevent
				deepening or enlargement of stream channels.
(3) Minimize disturbance of the hydrologic
				balance.
Discharge structures shall be designed according to standard
				  engineering design procedures.