Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 4 - Permitting Procedures › Section 4-101 - Special categories of mining; approximate original contour variance for steep slope mining; permits

Current through July 10, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34
Sec. 101.
(a) The
				director may issue a permit for steep slope surface mining activities
				incorporating a variance from the requirement for restoration of the affected
				lands to their approximate original contour after first finding in writing on
				the basis of a complete application that all of the following requirements are
				met:
(1) The applicant has demonstrated that
				the purpose of the variance is to make the lands to be affected within the
				permit area suitable for an alternative postmining land use.
(2) The proposed alternative postmining land
				use, after consultation with the appropriate land use planning agencies, if
				any, is found to constitute an equal or better economic or public
				use.
(3) The applicant has
				demonstrated compliance with the requirements for acceptable alternative
				postmining land uses of
				312 IAC
				25-6-64 or
				312 IAC
				25-6-128.
(4) The applicant has demonstrated that the
				watershed of lands within the proposed permit area and adjacent areas will be
				improved by the operations. The watershed will only be deemed improved if all
				of the following conditions are met:
(A)
				There will be a reduction in the amount of total suspended solids or other
				pollutants discharged to ground or surface waters from the permit area as
				compared to such discharges prior to mining so as to improve public or private
				uses or the ecology of such waters, or there will be reduced flood hazards
				within the watershed containing the permit area by reduction of the peak flow
				discharges from precipitation events or thaws.
(B) The total volume of flows from the
				proposed permit area, during every season of the year, will not vary in a way
				that adversely affects the ecology of any surface water or any existing or
				planned use of surface or ground water.
(C) The appropriate state environmental
				agency approves the plan.
(5) The applicant has demonstrated that the
				owner of the surface of the lands within the permit area has knowingly
				requested or given consent in writing as part of the application that a
				variance be granted. The request or consent shall be made or given separately
				from any other surface owner consent given for the operation and shall show an
				understanding that the variance could not be granted without the surface
				owner's request or consent.
(6) The
				applicant has demonstrated that the proposed operations will be conducted in
				compliance with the requirements of
				312 IAC
				25-6-144.
(7) All other requirements of IC 14-34 and
				this article will be met by the proposed operations.
(8) The proposed use is designed and
				certified by a qualified registered professional engineer in conformance with
				professional standards established to assure the stability, drainage, and
				configuration necessary for the intended use of the site.
(9) Only the amount of spoil as is necessary
				to:
(A) achieve the postmining land
				use;
(B) ensure the stability of
				spoil retained on the bench; and
(C) meet all other requirements of IC 14-34
				and this article; is placed off the mine bench. All spoil not retained on the
				bench shall be placed in accordance with
				312 IAC
				25-6-34,
				312
				IAC 25-6-50, or
				312
				IAC 25-6-98.
(10) Federal, Indiana, and local government
				agencies with an interest in the proposed land use have an adequate period in
				which to review and comment on the proposed use.