Section 312 IAC 25-4-47 - Surface mining permit applications; reclamation and operations plan; reclamation plan; protection of hydrologic balanceAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 47.
(a) Each reclamation plan shall contain a detailed description, including maps and drawings of the measures to be taken during the mining and reclamation process, through bond release, to assure the protection of the following: (1) The quality of surface and ground water systems, within the permit area and adjacent area, from adverse effects of the mining and reclamation process.(2) The rights of present users of that water.(3) The quantity of surface and ground water systems, within the permit area and adjacent area, from adverse effects of the mining and reclamation process or to provide alternative sources of water under section 33 of this rule and 312 IAC 25-6-25 where the protection of quantity cannot be assured.(4) The prevention of material damage outside the permit area.(5) Compliance with applicable federal and state water quality laws and regulations.(6) The hydrologic balance within the permit and adjacent areas.(b) The description in subsection (a) shall include the following: (1) A plan for the control of drainage under 312 IAC 25-6-5 through 312 IAC 25-6-69 of surface and ground water drainage into, through, and out of the proposed permit area.(2) A plan for the treatment, where required under 312 IAC 25-6-5 through 312 IAC 25-6-69, of surface and ground water drainage from the area to be affected by the proposed activities and proposed quantitative limits on pollutants in discharges subject to 312 IAC 25-6-13, according to the more stringent of: (A)312 IAC 25-6-5 through 312 IAC 25-6-69; or(B) other applicable state or federal laws.(3) A plan for the restoration of the approximate recharge capacity of the permit area under 312 IAC 25-6-22 and as required by section 45 of this rule.(4) A plan for the collection, recording, and reporting of ground and surface water quality and water quantity data under 312 IAC 25-6-23.(5) A plan to avoid acid or toxic drainage.(6) A plan to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to stream flow.(7) A plan to provide water treatment facilities when needed.(8) A plan to control drainage.(9) A plan to demonstrate compliance with 312 IAC 25-6-12.5.(c) The description in subsection (a) shall include a determination of the probable hydrologic consequences (PHC) of the mining and reclamation operations proposed, in the permit and adjacent areas, with respect to the quantity and quality of surface and ground water systems under all seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, total manganese, and other parameters required by the director. Information shall be provided as follows: (1) The PHC determination shall be based on baseline hydrologic, geologic, and other information collected for the permit application and may include data statistically representative of the site.(2) The PHC determination shall include findings on the following: (A) Whether adverse impacts may occur to the hydrologic balance.(B) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface or ground water supplies.(C) Whether the proposed operation may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas that is used for domestic, agricultural, industrial, or other legitimate purpose.(D) What impact the proposed operation will have on the following: (i) Sediment yields from the disturbed area.(ii) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact.(iii) Flooding or stream flow alteration.(iv) Ground water and surface water availability.(v) Other characteristics as required by the director.(3) Sampling and analysis shall be conducted under section 28(d) of this rule.(4) An application for a permit revision shall be reviewed by the director to determine whether a new or updated PHC determination shall be required.(d) The description in subsection (a) shall include a plan specifically addressing any potentially adverse hydrologic consequences identified in the PHC determination prepared under subsection (c) and shall include preventative and remedial measures.Natural Resources Commission; 312 IAC 25-4-47; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3456, eff Dec 1, 2001; filed Jul 29, 2003, 3:45 p.m.: 26 IR 3861, eff Feb 1, 2004; 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