312 Ind. Admin. Code 25-6-123

Current through December 4, 2024

Section 312 IAC 25-6-123 - Underground mining; subsidence control; general requirements

Authority: IC 14-34-2-1

Affected: IC 14-34-15-6; 30 CFR 817.121

Sec. 123.

(a) The permittee must do the following:

(1) Either adopt:

(A) measures consistent with known technology that prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or

(B) mining technology that provides for planned subsidence in a predictable and controlled manner.

(2) If a permittee employs mining technology that provides for planned subsidence in a predictable and controlled manner, the permittee must take necessary and prudent measures, consistent with the mining method employed, to minimize material damage to the extent technologically and economically feasible to noncommercial buildings and occupied residential dwellings and structures related thereto except that measures required to minimize material damage to such structures are not required if:

(A) the permittee has the written consent of their owners; or

(B) unless the anticipated damage would constitute a threat to health or safety, the costs of such measures exceed the anticipated costs of repair.

(3) Nothing in this subsection prohibits the standard method of room-and-pillar mining.

(b) The permittee shall comply with all provisions of the approved subsidence control plan prepared under 312 IAC 25-4-91.

(c) The permittee must do the following:

(1) Correct any material damage resulting from subsidence caused to surface lands, to the extent technologically and economically feasible by restoring the land to a condition capable of maintaining the value and reasonably foreseeable uses that it was capable of supporting before subsidence damage.

(2) Promptly repair, or compensate the owner for, material resulting from subsidence caused to any noncommercial building or occupied residential dwelling or structure related thereto that existed at the time of mining. If the repair option is selected, the permittee must fully rehabilitate, restore, or replace the damaged structure. If compensation is selected, the permittee must compensate the owner of the damaged structure for the full amount of the decrease in value resulting from the subsidence-related damage. The permittee may provide compensation by the purchase, before mining, of a noncancelable premium-prepaid insurance policy.

(3) To the extent required under applicable provisions of Indiana law, either correct material damage resulting from subsidence caused to any structures or facilities not protected by subdivision (2) by repairing the damage or compensating the owner of the structures or facilities for the full amount of the decrease in value resulting from the subsidence. Repair of damage includes rehabilitation, restoration, or replacement of damaged structures or facilities. Compensation may be accomplished by the purchase before mining of a noncancelable premium-prepaid insurance policy.

(4) The following with regard to rebuttable presumption:

(A) If damage to any noncommercial building or occupied residential dwelling or structure related thereto occurs as a result of earth movement within an area determined by projecting a specified angle of draw from the outermost boundary of any underground mine workings to the surface of the land, a rebuttable presumption exists that the permittee caused the damage. The presumption will normally apply to a thirty (30) degree angle of draw. The director may apply the presumption to a different angle of draw if the director makes a written finding that the different angle has a more reasonable basis than the thirty (30) degree angle of draw, based on geotechnical analysis of the factors affecting potential surface impacts of underground coal mining operations in Indiana.

(B) A permittee or permit applicant may request that the presumption apply to an angle of draw different from that established by this section. The director may approve application of the presumption to a site-specific angle of draw different than that contained in this section based on a site-specific analysis submitted by an applicant. To establish a site-specific angle of draw, an applicant must demonstrate and the director must determine in writing that the proposed angle of draw has a more reasonable basis than the standard set forth under this section, based on a site-specific geotechnical analysis of the potential surface impacts of the mining operation.

(C) If the permittee was denied access to the land or property for the purpose of conducting the presubsidence survey in accordance with 312 IAC 25-4-91(a), no rebuttable presumption will exist.

(D) The presumption will be rebutted if, for example, the evidence establishes that the damage:

(i) predated the mining in question;

(ii) was proximately caused by some other factor or factors and was not proximately caused by subsidence; or

(iii) occurred outside the surface area within which subsidence was actually caused by the mining in question.

(E) In any determination of whether damage to protected structures was caused by subsidence from underground mining, all relevant and reasonable available information will be made available to, and be considered by, the director.

(5) When subsidence-related material damage to land, structures, or facilities protected under subdivisions (1) through (3) occurs, or when contamination, diminution, or interruption to a water supply protected under section 88 of this rule occurs, the director must require the permittee to obtain additional performance bond in the amount of the estimated cost of the repairs if the permittee will be repairing, or in the amount of the decrease in value if the permittee will be compensating the owner, or in the amount of the estimated cost to replace the protected water supply if the permittee will be replacing the water supply, until the repair, compensation, or replacement is completed. If repair, compensation, or replacement is completed within ninety (90) days of the occurrence of damage, no additional bond is required. The director may extend the ninety (90) day time frame, but not to exceed one (1) year, if the permittee demonstrates and the director finds in writing that subsidence is not complete, that not all probable subsidence-related material damage has occurred to lands or protected structures, or that not all reasonably anticipated changes have occurred affecting the protected water supply, and that therefore it would be unreasonable to complete within ninety (90) days the repair of the subsidence-related material damage to lands or protected structures, or the replacement of protected water supply.

(d) Underground mining activities shall not be conducted beneath or adjacent to:

(1) public buildings and facilities;

(2) churches, schools, and hospitals; or

(3) impoundments with a storage capacity of twenty (20) acre-feet or more, or bodies of water with a volume of twenty (20) acre-feet or more;

unless the subsidence control plan demonstrates that subsidence will not cause material damage to, or reduce the reasonably foreseeable use of, such features or facilities. If the director determines that it is necessary in order to minimize the potential for material damage to the features or facilities described in this subsection or to any aquifer or body of water that serves as a significant water source for any public water supply system, the director may limit the percentage of coal extracted under or adjacent thereto.

(e) If subsidence causes material damage to any of the features or facilities covered by subsection (d), the director may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of further material damage to such features or facilities.

(f) The director shall suspend underground mining activities:

(1) under urbanized areas, cities, towns, and communities;

(2) under and adjacent to industrial or commercial buildings, pipelines, major impoundments, or perennial streams; and

(3) under any other location;

if imminent danger is found to inhabitants of urbanized areas, cities, towns, or communities or whenever required or authorized by IC 14-34-15-6.

(g) Within a schedule approved by the director, the permittee shall submit a detailed report of the underground workings as follows:

(1) The detailed report shall include maps and descriptions, as appropriate, of significant features of the underground mine, including the following:

(A) The size, configuration, and approximate location of pillars and entries.

(B) Extraction ratios.

(C) Measures taken to prevent or minimize subsidence and related damage.

(D) Areas of full extraction.

(E) Areas of anticipated coal extraction during the next year.

(F) Other information required by the director.

(2) Upon request of the operator, information submitted with the detailed report may be held as confidential in accordance with the requirements of 312 IAC 25-4-113.

(3) The map submitted under subdivision (1) shall be planned as a continuous map for use throughout the term of all mining operations conducted under the permit and all subsequent renewals thereof, so that areas mined each year may be added and identified on the map according to the year in which they were mined. The map shall be prepared by, or under the direction of, and certified by a qualified professional engineer or registered land surveyor with assistance from experts in related fields such as land surveying.

312 IAC 25-6-123

Natural Resources Commission; 312 IAC 25-6-123; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3577, 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-312130125RFA

Readopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA