Section 312 IAC 25-4-101 - Special categories of mining; approximate original contour variance for steep slope mining; permitsAuthority: 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.(b) If a variance is granted under this section: (1) the requirements of 312 IAC 25-6-144 shall be made a specific condition of the permit; and(2) the permit shall be specifically marked to indicate that it contains a variance from approximate original contour.(c) Permits incorporating a variance from approximate original contour will be reviewed by the director to evaluate the progress and development of the mining activities, and to establish that the permittee is proceeding in accordance with the terms of the variance. Permit reviews under this subsection shall be conducted according to the following timeframes: (1) Within the sixth month preceding the third year from the date of its issuance.(2) Before each permit renewal.(3) Not later than the middle of each permit term.(d) If the permittee demonstrates to the director at any of the times specified in subsection (c) that the operations involved have been and continue to be conducted in compliance with the terms and conditions of the permit, the requirements of IC 14-34, and this article, the review required at that time need not be held.(e) The terms and conditions of a permit incorporating variance under this section may be modified at any time by the director, if the director determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of IC 14-34 and this article.Natural Resources Commission; 312 IAC 25-4-101; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3480, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA