CHAPTER 10. PERFORMANCE STANDARDS
IC 14-34-10
Chapter 10. Performance Standards
IC 14-34-10-1
"Approximate original contour" defined
Sec. 1. As used in this chapter, "approximate original contour"means the surface configuration achieved by backfilling and gradingof the mined area so that the reclaimed area, including terracing oraccess roads:
(1) closely resembles the general surface configuration of theland before mining; and
(2) blends into and complements the drainage pattern of thesurrounding terrain, with all highwalls and spoil pileseliminated except for the following:
(A) Water impoundments that comply with section 2(b)(11)of this chapter.
(B) Boxcut spoil areas that are:
(i) specifically designed to provide alternative land uses;and
(ii) permitted by the director.
As added by P.L.1-1995, SEC.27.
IC 14-34-10-2
Duties of permittee
Sec. 2. (a) As used in this section, "higher or better uses" meanspostmining land uses that have a higher:
(1) economic value; or
(2) nonmonetary benefit;
to the landowner or the community than the premining land uses.
(b) In addition to other standards a permittee must meet underrules of the commission, a permittee shall do the following:
(1) Place markers on the site to readily identify the permit area.
(2) Conduct the surface coal mining operation in a manner thatmaximizes the use and conservation of the solid fuel resourcethat is recovered so that reaffecting the land in the futurethrough surface coal mining is minimized.
(3) Restore the land affected to a condition capable ofsupporting the uses that the land was capable of supportingbefore mining or higher or better uses of which there is areasonable likelihood if:
(A) those uses do not:
(i) present an actual or a probable hazard to public healthor safety; or
(ii) pose an actual or a probable threat of water diminutionor pollution; and
(B) the permit applicant's declared proposed land usefollowing reclamation:
(i) is not impractical or unreasonable;
(ii) is not inconsistent with applicable land use policiesand plans; (iii) does not involve unreasonable delay inimplementation; or
(iv) does not violate federal, state, or local law.
(4) Except as provided in subdivisions (5) and (6) and section4 of this chapter with respect to all surface coal miningoperations backfill, compact where advisable to ensure stabilityor prevent the leaching of toxic materials, and grade to restorethe approximate original contour of the land with all highwalls,spoil piles, and depressions eliminated. Small depressions areallowed if needed to retain moisture to assist revegetation or asotherwise authorized under this article.
(5) In a surface coal mining operation that:
(A) is carried out at the same location over a substantialtime;
(B) transects the coal deposit and the thickness of the coaldeposit relative to the volume of the overburden that is large;and
(C) has overburden and other spoil and waste materials at aparticular point in the permit area or otherwise availablefrom the entire permit area that is insufficient, giving dueconsideration to volumetric expansion, to restore theapproximate original contour;
the operator, at a minimum, shall backfill, grade, and compact,where advisable, using all available overburden and other spoiland waste materials to attain the lowest practicable grade butnot more than the angle of repose to provide adequate drainageand to cover all acid-forming and other toxic materials toachieve an ecologically sound land use compatible with thesurrounding region.
(6) If in surface coal mining:
(A) the volume of overburden is large relative to thethickness of the coal deposit; and
(B) the operator demonstrates that due to volumetricexpansion the amount of overburden and other spoil andwaste materials removed in the course of the miningoperation is more than sufficient to restore the approximateoriginal contour;
the operator shall, after restoring the approximate contour,backfill, grade, and compact, where advisable, the excessoverburden and other spoil and waste materials to attain thelowest grade but not more than the angle of repose and to coverall acid-forming and other toxic materials to achieve anecologically sound land use compatible with the surroundingregion. The overburden or spoil shall be shaped and graded ina way that prevents slides, erosion, and water pollution andrevegetated in accordance with the requirements of this article.
(7) Stabilize and protect all surface areas, including spoil piles,affected by the surface coal mining and reclamation operationto effectively control erosion and attendant air and waterpollution. (8) Remove the topsoil from the land in a separate layer and:
(A) replace the topsoil on the backfill area; or
(B) if the topsoil is not used immediately;
(i) segregate the topsoil in a separate pile from other spoil;and
(ii) if the topsoil is not replaced on a backfill area withina time short enough to avoid deterioration of the topsoil,maintain a successful cover by quick growing plants orother means so that the topsoil is preserved from wind andwater erosion, remains free of any contamination by otheracid or toxic material, and is in a usable condition forsustaining vegetation when restored during reclamation.
However, if the topsoil is of insufficient quantity or of poorquality to sustain vegetation or if other strata are more suitablefor vegetation requirements, the operator shall remove,segregate, and preserve, in a like manner, the strata that are bestable to support vegetation.
(9) Restore the topsoil or the best available subsoil that is bestable to support vegetation.
(10) For all prime farmland as identified in IC 14-34-3-3(16),comply with the specifications for soil removal, storage,replacement, and reconstruction established by rules of thecommission and do the following:
(A) Segregate the A horizon of the natural soil unless it isshown that other available soil materials will create a finalsoil that has a greater productive capacity, stockpile thismaterial, if not used immediately, separately from otherspoil, and provide needed protection from wind and watererosion or contamination by other acid or toxic material.
(B) Segregate the B horizon of the natural soil, or underlyingC horizons or other strata, or a combination of thosehorizons or other strata that are texturally and chemicallysuitable for plant growth and equal to or more favorable forplant growth than the B horizon, in sufficient quantities tocreate in the regraded final soil a root zone of comparabledepth and quality to that existing in the natural soil,stockpile this material, if not used immediately, separatelyfrom other spoil, and provide needed protection from windand water erosion or contamination by other acid or toxicmaterial.
(C) Replace and regrade the root zone material described inclause (B) with proper compaction and uniform depth overthe regraded spoil material.
(D) Redistribute and grade in a uniform manner the surfacesoil horizon described in clause (A).
(11) Create, if authorized in the approved surface coal miningand reclamation plan, permanent impoundments of water onmining sites. The permittee may create the permanentimpoundment only after the permittee demonstrates thefollowing: (A) The size of the impoundment is adequate for theintended purposes.
(B) The impoundment dam construction will be designed toachieve necessary stability with an adequate margin of safetycompatible with that of structures constructed under 16U.S.C. 1006.
(C) The quality of impounded water will be suitable, on apermanent basis, for the intended use and discharges fromthe impoundment will not degrade the water quality belowwater quality standards established under applicable federaland state law in the receiving stream.
(D) The level of water will be reasonably stable.
(E) Final grading will provide adequate safety and access forproposed water users.
(F) The water impoundments will not result in thediminution of the quality or quantity of water used byadjacent or surrounding landowners for agricultural,industrial, recreational, or domestic uses.
(12) Conduct an augering operation associated with surface coalmining in a manner that maximizes the recoverability of mineralreserves remaining after the surface coal mining andreclamation operation is complete and seal all auger holes withan impervious and noncombustible material to prevent drainageexcept where the director determines that the resultingimpoundment of water in those auger holes may create a hazardto the environment or the public health or safety. The directormay prohibit augering if necessary to:
(A) maximize the use, recoverability, or conservation of thesolid fuel resources; or
(B) protect against adverse water quality impacts.
(13) Minimize disturbances to the prevailing hydrologic balanceat the mine site and associated offsite areas and to the qualityand quantity of water in surface and ground water systemsduring and after surface coal mining and reclamation operationsby doing the following:
(A) Avoiding acid or other toxic mine drainage by measuressuch as the following:
(i) Preventing or removing water from contact withtoxic-producing deposits.
(ii) Treating drainage to reduce toxic content thatadversely affects downstream water upon being releasedto watercourses.
(iii) Casing, sealing, or otherwise managing boreholes,shafts, and wells and keep acid or other toxic drainagefrom entering ground and surface water.
(B) Conducting surface coal mining and reclamationoperations so as to prevent, to the extent possible using thebest technology currently available, violations of the effluentlimitations for coal mining operations established underapplicable state or federal law. (C) Constructing siltation structures under clause (B) beforecommencement of surface coal mining operations that willbe certified by an engineer licensed under IC 25-31 andconstructed as designed and approved in the reclamationplan.
(D) Cleaning out and removing temporary or large settlingponds or other siltation structures from drainageways afterdisturbed areas are revegetated and stabilized and depositingthe silt and debris at a site and in a manner approved by thedirector.
(E) Restoring recharge capacity of the mined area toapproximate premining conditions.
(F) Avoiding channel deepening or enlargement inoperations requiring the discharge of water from mines.
(G) Other actions required under the permit.
(14) With respect to surface disposal of mine wastes, tailings,coal processing wastes, and other wastes in areas other than themine workings or excavations, the following:
(A) Stabilize all waste piles in designated areas throughconstruction in compacted layers, including the use ofincombustible and impervious materials if necessary.
(B) Assure the following:
(i) The final contour of the waste pile will be compatiblewith natural surroundings.
(ii) The site will be stabilized and revegetated accordingto this article.
(15) Refrain from surface coal mining within five hundred(500) feet of active and abandoned underground mines toprevent breakthroughs and to protect the health or safety ofminers. However, the director shall permit an operator to minenear, through, or partially through an abandoned undergroundmine or closer to an active underground mine if the followingconditions exist:
(A) The nature, timing, and sequencing of the approximatecoincidence of specific coal surface mining activities withspecific underground coal mining activities are jointlyapproved by the regulatory authorities concerned withsurface coal mining regulation and the health and safety ofunderground miners.
(B) The operations will result in:
(i) improved resource recovery;
(ii) abatement of water pollution; or
(iii) elimination of hazards to the health and safety of thepublic.
(16) Design, locate, construct, operate, maintain, enlarge,modify, and remove or abandon, in accordance with thestandards and criteria used by the United States Secretary of theInterior to ensure that flood control structures are safe andeffectively perform their functions, all existing and new coalmine waste piles: (A) consisting of:
(i) mine wastes;
(ii) tailings;
(iii) coal processing wastes; or
(iv) other liquid and solid wastes; and
(B) used temporarily or permanently as dams orembankments.
(17) Ensure the following:
(A) All debris, acid-forming materials, toxic materials, ormaterials constituting a fire hazard are treated, buried, andcompacted or otherwise disposed of in a manner designed toprevent contamination of ground or surface water.
(B) Contingency plans are developed to prevent sustainedcombustion.
(18) Ensure that explosives are used only in accordance withthe following:
(A) IC 14-34-12.
(B) Applicable state and federal law.
(C) The rules adopted by the commission.
(19) Ensure that all reclamation efforts proceed in anenvironmentally sound manner and as contemporaneously aspracticable with the surface coal mining operations. However,if the applicant proposes to combine surface coal miningoperations with underground coal mining operations to assuremaximum practical recovery of the mineral resources, thedirector may grant a variance for specific areas within thereclamation plan from the requirement that reclamation effortsproceed as contemporaneously as practicable and permitunderground coal mining operations before reclamation if thefollowing conditions are met:
(A) The director finds in writing the following:
(i) The applicant has presented, as part of the permitapplication, specific, feasible plans for the proposedunderground mining operations.
(ii) The proposed underground mining operations arenecessary or desirable to assure maximum practicalrecovery of the mineral resource and will avoid multipledisturbance of the surface.
(iii) The applicant has satisfactorily demonstrated that theplan for the underground coal mining operations conformsto the requirements for underground coal mining in thatjurisdiction and that permits necessary for theunderground coal mining operations have been issued bythe appropriate authority.
(iv) The applicant has shown the areas proposed for thevariance are necessary for the implementation of theproposed underground coal mining operations.
(v) Substantial adverse environmental damage, eitheronsite or offsite, will not result from the delay incompletion of reclamation as required by this article. (vi) The provisions for the offsite storage of spoil willcomply with subdivision (25).
(B) The commission has adopted specific rules to govern thegranting of variances in accordance with this subdivision.
(C) Variances granted under this subdivision are to bereviewed by the director not more than three (3) years fromthe date of issuance of the permit.
(D) Liability under the bond filed by the applicant with thedirector under IC 14-34-6 is for the duration of undergroundcoal mining operations and until the requirements of thissection and IC 14-34-6 are fully complied with.
(20) Ensure that the construction, maintenance, and postminingconditions of access roads into and across the site of operationswill control or prevent the following:
(A) Erosion and siltation.
(B) Pollution of water.
(C) Damage to the following:
(i) Fish or wildlife or their habitat.
(ii) Public or private property.
(21) Refrain from the construction of roads or other accessways:
(A) up a stream bed or drainage channel; or
(B) in the proximity of a channel;
that seriously alters the normal flow of water.
(22) Establish on the regraded areas and all other land affecteda diverse, an effective, and a permanent vegetative cover:
(A) of the same seasonal variety native to the area of land tobe affected; and
(B) that is capable of self-regeneration and plant successionat least equal in extent of cover to the natural vegetation ofthe area.
However, an introduced species may be used in the revegetationprocess where desirable and necessary to achieve the approvedpostmining land use plan.
(23) Assume the responsibility for successful revegetation, asrequired by subdivision (22), as follows:
(A) On lands not eligible for remining, for five (5) full yearsafter the last year of augmented seeding, fertilizing,irrigation, or other work to assure compliance withsubdivision (22). However, if the director approves a longterm intensive agricultural postmining land use, theapplicable five (5) or ten (10) year period of responsibilityfor revegetation commences at the date of initial planting forthe long term intensive agricultural postmining land use. Ifthe director issues a written finding approving a long termintensive agricultural postmining land use as part of themining and reclamation plan, the director may grantexception to subdivision (22).
(B) On lands eligible for remining, for two (2) full yearsafter the last year of augmented seeding, fertilizing,
irrigation, or other work in order to ensure compliance withsubdivision (22).
(24) Protect offsite areas from slides or damage occurringduring the surface coal mining and reclamation operations andnot deposit spoil material or locate any part of the operations orwaste accumulations outside the permit area.
(25) Place all excess spoil material resulting from coal surfacemining and reclamation activities to ensure the following:
(A) Spoil is transported and placed in a controlled manner ina position for concurrent compaction and in a manner thatassures mass stability and prevents mass movement.
(B) The areas of disposal are within the bonded permit areasand all organic matter is removed immediately before spoilplacement.
(C) Appropriate surface and internal drainage systems anddiversion ditches are used in a manner that prevents spoilerosion and movement.
(D) The disposal area does not contain springs, naturalwatercourses, or wet weather seeps unless lateral drains areconstructed from the wet areas to the main underdrains in amanner that prevents filtration of the water into the spoilpile.
(E) If placed on a slope, the spoil is placed as follows:
(i) On the most moderate slope among the slopes onwhich, in the judgment of the director, the spoil could beplaced in compliance with all the requirements of thisarticle.
(ii) If possible, upon or above a natural terrace, bench, orberm if the placement provides additional stability andprevents mass movement.
(F) Where the toe of the spoil rests on a downslope, a rocktoe buttress of sufficient size to prevent mass movement isconstructed.
(G) The final configuration is compatible with the naturaldrainage pattern and surroundings and suitable for intendeduses.
(H) Design of the spoil disposal area is certified by anengineer licensed under IC 25-31 and in conformance withprofessional standards.
(I) All other provisions of this article are met.
(26) To the extent possible using the best technology currentlyavailable the following:
(A) Minimize disturbances and adverse impacts of theoperation on fish, wildlife, and related environmental values.
(B) Enhance those resources where practicable.
(27) Provide for an undisturbed natural barrier:
(A) beginning at the elevation of the lowest coal seam to bemined; and
(B) extending from the outslope for a distance determined bythe director; to serve as a barrier to slides and erosion.
(28) Replace the water supply of an owner of interest in realproperty who obtains all or part of the owner's supply of waterfor domestic, agricultural, industrial, or other legitimate usefrom an underground or a surface source if the supply isaffected by contamination, diminution, or interruptionproximately resulting from the surface coal mine operation.This article does not affect the right of a person to enforce orprotect under applicable law the person's interest in waterresources affected by a surface coal mining operation.
(29) Meet other criteria that are necessary to achievereclamation in accordance with the purposes of this article,taking into consideration the physical, climatological, and othercharacteristics of the site.
As added by P.L.1-1995, SEC.27. Amended by P.L.179-1995, SEC.6.
IC 14-34-10-3
Exemptions
Sec. 3. (a) This section does not apply to the following:
(1) A permittee of a surface coal mining operation that ismining on flat or gently rolling terrain with an occasional slopeas described in subsection (b) through which the coal miningoperation is to proceed.
(2) A permittee in compliance with section 4 of this chapter.
(b) In addition to the requirements of section 2 of this chapter, apermittee operating a surface coal mining and reclamation operationon a slope of at least twenty degrees (20°), unless the directorestablishes a lesser slope after consideration of Indiana's soil,climate, and other pertinent characteristics, shall do the following:
(1) Ensure that, when performing surface coal mining on steepslopes, debris, abandoned or disabled equipment, spoil material,or waste mineral matter is not placed on the downslope belowthe bench or mining cut. However, spoil material exceeding thatrequired for the reconstruction of the approximate originalcontour under:
(A) section 2(b)(4) of this chapter; or
(B) subdivision (2);
shall be permanently stored under section 2(b)(25) of thischapter.
(2) Complete backfilling with spoil material that:
(A) maintains stability following mining and reclamation;and
(B) completely covers the highwall;
and return the site to the approximate original contour.
(3) Not disturb land above the top of the highwall unless thedirector finds the disturbance will facilitate compliance with thestandards of this chapter. However, the land disturbed above thehighwall is limited to that amount necessary to facilitatecompliance with those standards.
As added by P.L.1-1995, SEC.27.
IC 14-34-10-4
Mining permitted without regard to restoring land to originalcontour
Sec. 4. (a) The director may, under procedures established by rule,permit surface coal mining operations if:
(1) an industrial, a commercial, an agricultural, a residential, arecreational, or a public facility is proposed for the postmininguse of the affected land; and
(2) the mining operation will remove an entire coal seamrunning through the upper fraction of a ridge or hill, except asprovided in subsection (c)(1), by:
(A) removing all of the overburden; and
(B) creating a level plateau or a gently rolling contour;
(i) with no highwalls remaining; and
(ii) capable of supporting the postmining uses listed insubdivision (1);
without regard to the requirement to restore the affected land to theapproximate original contour as set forth in section 2(b)(4), 3(b)(2),or 3(b)(3) of this chapter.
(b) The director may permit the proposed uses under subsection(a) only if the following conditions are met:
(1) After consultation with the appropriate land use planningagencies, if any, the proposed postmining land use is consideredan equal or a better economic or public use of the affected landcompared with the premining use.
(2) The applicant presents specific plans for the proposedpostmining land use and appropriate assurances that the usemeets the following conditions:
(A) The use is compatible with adjacent land uses.
(B) The use is obtainable according to data regardingexpected need and market.
(C) The use is assured of investment in necessary publicfacilities.
(D) The use is supported by commitments from publicagencies where appropriate.
(E) The use is practicable with respect to private financialcapability for completion of the proposed use.
(F) The use is planned according to a schedule attached tothe reclamation plan so as to integrate the mining operationand reclamation with the postmining land use.
(G) The use is designed by an engineer licensed underIC 25-31 and in conformance with professional standardsestablished to assure the stability, drainage, andconfiguration necessary for the intended use of the site.
(3) The proposed use is consistent with adjacent land uses andexisting state and local land use plans and programs.
(4) The governing body of the unit of general purposegovernment in which the land is located and a state or federalagency that the director determines to have an interest in theproposed use is provided an opportunity of not more than sixty
(60) days to review and comment on the proposed use.
(5) All other requirements of this article are met.
(c) With respect to a permit granted under subsection (a) and inaddition to other requirements the commission establishes by rule,the director shall require the following:
(1) The toe of the lowest coal seam and the overburdenassociated with the seam are retained in place as a barrier toslides and erosion.
(2) The reclaimed area is stable.
(3) The resulting plateau or rolling contour drains inward fromthe outslopes except at specified points.
(4) No damage is done to natural watercourses.
(5) Spoil is placed on the hilltop bench as is necessary toachieve the planned postmining land use and the operator placesall excess spoil material not retained on the hilltop inaccordance with section 2(b)(25) of this chapter.
(6) The operator ensures stability of the spoil retained on thehilltop and meets all other requirements of this article.
(d) The director shall review all permits issued under this sectionnot more than three (3) years from the date of issuance unless theapplicant affirmatively demonstrates that the proposed developmentis proceeding in accordance with the terms of the approved scheduleand reclamation plan.
As added by P.L.1-1995, SEC.27.
IC 14-34-10-5
Conditions for variance
Sec. 5. (a) The director may grant a variance from the requirementto restore to approximate original contour set forth in section 3(b)(2)of this chapter if the following conditions exist:
(1) After approval of the appropriate state environmentalagencies, the watershed control of the area is improved.
(2) Complete backfilling with spoil materials that maintainsstability following mining and reclamation is required tocompletely cover the highwall.
(3) The owner of the surface knowingly requests in writing, asa part of the permit application, that a variance be granted so asto make the land, after reclamation, suitable for an industrial, acommercial, a residential, a public, or a recreational use.
(4) After consultation with the appropriate land use planningagencies, if any:
(A) the potential use of the affected land constitutes an equalor a better economic or public use; and
(B) the variance is designed and certified by a professionalengineer licensed under IC 25-31 and is in conformance withprofessional standards established to assure the stability,drainage, and configuration necessary for the intended useof the site.
(b) With respect to a variance granted under subsection (a) orunder IC 13-4.1-8-4(a) (before its repeal) and in addition to other
requirements the commission establishes by rule, the director shallrequire the following:
(1) Only the amount of spoil will be placed off the mine benchas is necessary to achieve the planned postmining land use.
(2) Stability of the spoil retained on the bench is ensured.
(3) All spoil placement off the mine bench must comply withsection 2(b)(25) of this chapter.
(c) The director shall review all exceptions granted under thissection not more than three (3) years after the date of issuance of thepermit unless the permittee affirmatively demonstrates that theproposed development is proceeding in accordance with the terms ofthe reclamation plan.
As added by P.L.1-1995, SEC.27.