Section 312 IAC 25-4-45 - Surface mining permit applications; reclamation and operations plan; reclamation plan; general requirementsAuthority: IC 14-34-2-1
Affected: IC 14-34-10
Sec. 45.
(a) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with IC 14-34-10, 312 IAC 25-6, and the environmental protection standards of IC 14-34 and this article. The plan shall include, at a minimum, all information required under sections 40 and 44 of this rule, this section, and sections 46 through 56 of this rule.(b) Each plan shall contain the following information for the proposed permit area: (1) A detailed timetable for the completion of each major step in the reclamation plan.(2) A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond under 312 IAC 25-5, with supporting calculations for the estimates.(3) A plan for backfilling, soil stabilization, compacting, and grading, with contour maps, topographical maps, or cross sections that show the anticipated final surface configuration of the proposed permit area in accordance with 312 IAC 25-6-48 through 312 IAC 25-6-53 and 312 IAC 25-6-144. (4) A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of 312 IAC 25-6-11. A demonstration of the suitability of topsoil substitutes or supplements under 312 IAC 25-6-11(c) shall be based upon analysis of the:(A) thickness of soil horizons;(G) percent coarse fragments and texture; and(H) areal extent; of the different kinds of soils. The requirement to determine percent coarse fragments may be waived by an authorized representative of the director if he or she determines that the alternate material is a type of silt-blown, alluvial soil for which the analyses of percent coarse fragments would be unnecessary. The director may require other chemical and physical analyses, field-site trials, or greenhouse tests if necessary to demonstrate suitability. (5) A plan for revegetation as required in 312 IAC 25-6-54 through 312 IAC 25-6-61, including descriptions of the following: (A) Schedule of revegetation.(B) Species and amounts per acre of seeds and seedlings to be used.(C) Methods to be used in planting and seeding.(E) Irrigation, if appropriate, and pest and disease control measures, if any.(F) Measures proposed to be used to determine the success of revegetation as required in 312 IAC 25-6-59 through 312 IAC 25-6-61.(G) Methods for evaluating the results of topsoil handling and reclamation procedures related to revegetation.(6) A description of the measures to be used to maximize the use and conservation of the coal resource as required in 312 IAC 25-6-7.(7) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 312 IAC 25-6-12, 312 IAC 25-6-19, 312 IAC 25-6-36, 312 IAC 25-6-42, and 312 IAC 25-6-50 and a description of the contingency plans that have been developed to preclude sustained combustion of such materials.(8) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other boreholes, wells, and other openings within the proposed permit area, in accordance with 312 IAC 25-6-8 through 312 IAC 25-6-10.(9) A description of steps to be taken to comply with the requirements of the Clean Air Act ( 42 U.S.C. 7401 et seq.), the Clean Water Act ( 33 U.S.C. 1251 et seq.), and other applicable air and water quality laws and regulations and health and safety standards.Natural Resources Commission; 312 IAC 25-4-45; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3454, eff Dec 1, 2001, except subsection (b)(4); errata, 27 IR 1890; filed Apr 1, 2004, 3:00 p.m.: 27 IR 2446, eff Jan 1, 2005; 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