CHAPTER 11. SURFACE EFFECTS OF UNDERGROUND COAL MINING
IC 14-34-11
Chapter 11. Surface Effects of Underground Coal Mining
IC 14-34-11-1
Requirements of permit holders
Sec. 1. In addition to other requirements that the commissionestablishes by rule after considering the distinct difference betweensurface coal mining and underground coal mining and that do notconflict with or supersede any provision of the federal Mine Safetyand Health Act of 1977, as amended (30 U.S.C. 801 through 960), orany of its regulations, an operator of an underground coal miningoperation who holds a surface coal mining and reclamation permitshall do the following:
(1) To the extent technologically and economically feasible andexcept in those instances where the mining technology usedrequires planned subsidence in a predictable and controlledmanner, adopt measures consistent with known technology todo the following:
(A) Prevent subsidence causing material damage.
(B) Maximize mine stability.
(C) Maintain the value and reasonably foreseeable use ofsurface land.
However, this section does not prohibit the standard method ofroom and pillar mining.
(2) Seal all portals, entryways, drifts, shafts, or other openingsbetween the surface and underground coal mine working whenno longer needed for the conduct of the mining operations.
(3) Fill or seal exploratory holes no longer necessary formining, maximizing to the extent technologically andeconomically feasible the return of:
(A) mine and processing waste;
(B) tailings; and
(C) any other waste incident to the mining operation;
to the mine workings or excavations.
(4) 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 created by the permittee fromcurrent operations through construction in compacted layers,including the use of incombustible and impervious materialsif necessary.
(B) Assure the following:
(i) The leachate will not degrade below water qualitystandards established under applicable federal and statelaw for surface or ground water.
(ii) The final contour of the waste accumulation will becompatible with natural surroundings.
(iii) The site is stabilized and revegetated according to thischapter.
(5) 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 intended function, all existing and newcoal mine waste piles:
(A) consisting of mine wastes, tailings, coal processingwastes, or other liquid and solid wastes; and
(B) used temporarily or permanently as dams orembankments.
(6) Establish on regraded areas and all other land affected adiverse and permanent vegetative cover:
(A) capable of self-regeneration and plant succession; and
(B) at least equal in extent of cover to the natural vegetationof the area.
(7) Protect offsite areas from damages that may result from themining operations.
(8) Eliminate fire hazards and other conditions that constitutea hazard to the health and safety of the public.
(9) Minimize the disturbances of the prevailing hydrologicbalance at the mine site and in associated offsite areas and tothe quantity of water in surface ground water systems bothduring and after coal mining operations and during reclamationby 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 release towatercourses.
(iii) Casing, sealing, or otherwise managing boreholes,shafts, and wells to keep acid or other toxic drainage fromentering ground and surface water.
(B) Conducting surface coal mining operations to:
(i) prevent, to the extent possible using the best technologycurrently available, additional contributions, not exceedingrequirements set by state or federal law, of suspendedsolids to stream flow or runoff outside the permit area; and
(ii) avoid channel deepening or enlargement;
in operations requiring the discharge of water from mines.
(10) With respect to other surface impacts not specified in thischapter, including the construction of:
(A) new roads or the improvement or use of existing roadsto gain access to the site of those activities and for haulage;
(B) repair areas;
(C) storage areas;
(D) processing areas;
(E) shipping areas; and
(F) other areas upon which are sited structures, facilities, orother property or materials on the surface resulting from or
incident to those activities;
operate in accordance with the standards established underIC 14-34-10 for the effects that result from surface coal miningoperations.
(11) 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) Achieve enhancement of those resources if practicable.
(12) Locate openings for all new drift mines workingacid-producing or iron-producing coal seams in such a manneras to prevent a gravity discharge of water from the mine unlessanother location is approved by the director.
As added by P.L.1-1995, SEC.27.
IC 14-34-11-2
Suspension of mining to protect land stability
Sec. 2. To protect the stability of the land, the director shallsuspend underground coal mining:
(1) under urbanized areas, cities, towns, and communities; and
(2) adjacent to industrial or commercial buildings, majorimpoundments, or permanent streams;
if the director finds an imminent danger to inhabitants of theurbanized areas, cities, towns, and communities.
As added by P.L.1-1995, SEC.27.
IC 14-34-11-3
Damage to buildings or water
Sec. 3. (a) As used in this section, "compensate" means to providean amount equal to the full amount of the diminution in valueresulting from the subsidence described in subsection (c)(1). Theterm includes the purchase, before the commencement of miningoperations, of a noncancellable premium-prepaid insurance policy.
(b) As used in this section, "repair" includes rehabilitation,restoration, and replacement.
(c) The operator of an underground coal mining operationconducted after June 30, 1994, shall do the following:
(1) Promptly repair or compensate for material damageresulting from subsidence caused to:
(A) any occupied residential dwelling and any structurerelated to the occupied residential dwelling; or
(B) any noncommercial building;
due to the operator's underground coal mining operation.
(2) Promptly replace any drinking, domestic, or residentialwater supply from a well or spring that:
(A) was in existence before the filing of the operator'sapplication for a surface coal mining and reclamation permit;and
(B) has been affected by contamination, diminution, orinterruption resulting from the operator's underground coal
mining operation.
As added by P.L.1-1995, SEC.27.
IC 14-34-11-4
Modification of permits and bonds
Sec. 4. All provisions of this article apply to surface impactsincident to an underground coal mine. However, the director maymodify the:
(1) permit application requirements;
(2) permit approval or denial procedures; and
(3) bond requirements;
to accommodate the distinct difference between surface coal miningand underground coal mining.
As added by P.L.1-1995, SEC.27.