Section 312 IAC 25-4-103 - Special categories of mining; variances for delay in contemporaneous reclamation requirement in combined surface and underground operationsAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 103.
(a) This section applies to any person who conducts or intends to conduct combined surface mining activities and underground mining activities, where contemporaneous reclamation as required by 312 IAC 25-6-48 is not practicable and a delay is requested to allow underground mining activities to be conducted before the reclamation operation for the surface mining activities can be completed, if that delay will allow underground mining activities to be conducted to ensure both maximum practical recovery of coal resources and to avoid multiple future disturbances of surface lands or waters.(b) Any person who desires to obtain a variance under this section shall file with the director complete applications for both the surface mining activities and underground mining activities which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps, and plans that do the following: (1) Show why the proposed underground mining activities are necessary or desirable to assure maximum practical recovery of coal.(2) Show how multiple future disturbances of surface lands or waters will be avoided.(3) Identify the specific surface areas for which a variance is sought and the particular sections of IC 14-34 and this article.(4) Show how the activities will comply with 312 IAC 25-6-134 through 312 IAC 25-6-136 and other applicable requirements.(5) Show why the variance sought is necessary for the implementation of the proposed underground mining activities.(6) Provide an assessment of the adverse environmental consequences and damages, if any, that may result if the reclamation of surface mining activities is delayed.(7) Show how off-site storage of spoil will be conducted to comply with IC 14-34 and 312 IAC 25-6-34.(c) A permit incorporating a variance under this section shall be issued by the director after the director finds, in writing, upon the basis of a complete application filed in accordance with this section the following: (1) The applicant has presented as part of the permit application specific, feasible plans for the proposed underground mining activities.(2) The proposed underground mining activities are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land waters.(3) The applicant has satisfactorily demonstrated that the applications for the surface mining activities and underground mining activities conform to the requirements of the regulatory program and that all other permits necessary for the underground mining activities have been issued by the appropriate authority.(4) The surface area of surface mining activities proposed for the variance have been shown by the applicant to be necessary for implementing the proposed underground mining activities.(5) No substantial adverse environmental damage, either on-site or off-site, will result from the delay in completion of reclamation otherwise required by IC 14-34 and 312 IAC 25-6-5 through 312 IAC 25-6-69.(6) The operations will, insofar as a variance is authorized, be conducted in compliance with 312 IAC 25-6-134 through 312 IAC 25-6-136.(7) Provisions for off-site storage of spoil will comply with the appropriate requirements of IC 14-34 and 312 IAC 25-6-34.(8) Liability under the performance bond required to be filed by the applicant with the director under 312 IAC 25-5, and shall be for the duration of the underground mining activities and until all requirements of 312 IAC 25-5 have been complied with.(9) The permit for the surface mining activities contains specific conditions: (A) delineating the particular surface areas for which a variance is authorized;(B) identifying the particular requirements of 312 IAC 25-6-134 through 312 IAC 25-6-136 that are to be complied with in lieu of the otherwise applicable provisions of IC 14-34 and 312 IAC 25-6-5 through 312 IAC 25-6-69; and(C) providing a detailed schedule for compliance with the particular requirements of 312 IAC 25-6-134 through 312 IAC 25-6-136 identified in clause (B).(d) Variances granted under permits issued under this section will be reviewed by the director within three (3) years from the dates of issuance of the permit and any permit renewals.Natural Resources Commission; 312 IAC 25-4-103; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3482, 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