Section 312 IAC 25-4-85 - Underground mining permit applications; reclamation plan; protection of hydrologic balanceAuthority: IC 14-34-2-1
Affected: IC 14-34; 30 CFR 784.14
Sec. 85.
(a) Each reclamation plan shall contain a detailed description, with appropriate maps and cross section drawings, of the measures to be taken during and after the proposed underground mining activities, through bond release, under 312 IAC 25-6-70 through 312 IAC 25-6-132, to ensure the protection of the following: (1) The quality of surface and ground water in the proposed permit area and adjacent area from adverse effects of the proposed underground mining activities.(2) The rights of present users to that surface and ground water.(3) The quantity of surface and ground water in the proposed permit area and adjacent area from adverse effects of the proposed underground mining activities, or to provide alternative sources of water, under section 74 of this rule and 312 IAC 25-6-88, where the protection of quantity cannot be ensured.(4) Water quality by locating openings for mines under 312 IAC 25-6-85.(5) The prevention of material damage outside the permit area.(6) Compliance with applicable federal and state water quality laws and regulations.(7) 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, under 312 IAC 25-6-70 through 312 IAC 25-6-132, 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 25-6-70 through 312 IAC 25-6-132, 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 25-6-77, according to the more stringent of the following: (A)312 IAC 25-6-70 through 312 IAC 25-6-132.(B) Other applicable state and federal laws.(3) A plan for the collection, recording, and reporting of ground and surface water quality and water quantity data under 312 IAC 25-6-86.(4) A plan to avoid acid or toxic drainage.(5) A plan to prevent, to the extent possible using the best technology currently available, adding contributions of suspended solids to stream flow.(6) A plan to provide water treatment facilities when needed.(7) A plan to control drainage.(8) A plan to demonstrate compliance with 312 IAC 25-6-76.5.(c) The description in subsection (a) shall include the following:(1) A determination of the probable hydrologic consequences (PHC) of the proposed underground mining activities, on the proposed permit area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and ground water systems under all seasonal conditions, including the following: (A) The contents of dissolved and total suspended solids.(E) Other parameters required by the director.(2) Whether the underground mining activities may result in contamination, diminution, or interruption of a well or spring in existence at the time the permit application is submitted and used for domestic, drinking, or residential purposes within the permit or adjacent areas.(d) Sampling and analysis shall be conducted under 312 IAC 25-6-86. 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) 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) Any application for a permit revision shall be reviewed by the director to determine whether a new or updated PHC determination shall be required.(e) Each plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and down slope barriers, designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.(f) The plan shall specifically address any potential adverse hydrologic consequences identified in the PHC determination prepared under subsection (c) and shall include preventive and remedial measures.Natural Resources Commission; 312 IAC 25-4-85; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3472, eff Dec 1, 2001; filed Jul 29, 2003, 3:45 p.m.: 26 IR 3862, 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