(a)The director may, under procedures
established by rule, permit surface coal mining operations if:
(1)an industrial, a commercial, an agricultural, a residential, a
recreational, or a public facility is proposed for the postmining
use of the affected land; and
(2)the mining operation will remove an entire coal seam running
through the upper fraction of a ridge or hill, except as provided in
subsection (c)(1), by:
(A)removing all of the overburden; and
(B)creating a level plateau or a gently rolling contour;
(i)with no highwalls remaining; and
(ii)capable of supporting the postmining uses listed in
subdivision (1);
without regard to the requirement to restore the affected land to the
approximate original contour as set forth in section 2(b)(4), 3(b)(2), or
3(b)(3) of this chapter.
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(a) The director may, under procedures
established by rule, permit surface coal mining operations if:
(1) an industrial, a commercial, an agricultural, a residential, a
recreational, or a public facility is proposed for the postmining
use of the affected land; and
(2) the mining operation will remove an entire coal seam running
through the upper fraction of a ridge or hill, except as provided in
subsection (c)(1), by:
(A) removing all of the overburden; and
(B) creating a level plateau or a gently rolling contour;
(i) with no highwalls remaining; and
(ii) capable of supporting the postmining uses listed in
subdivision (1);
without regard to the requirement to restore the affected land to the
approximate original contour as set forth in section 2(b)(4), 3(b)(2), or
3(b)(3) of this chapter.
(b) The director may permit the proposed uses under subsection (a)
only if the following conditions are met:
(1) After consultation with the appropriate land use planning
agencies, if any, the proposed postmining land use is considered
an equal or a better economic or public use of the affected land
compared with the premining use.
(2) The applicant presents specific plans for the proposed
postmining land use and appropriate assurances that the use meets
the following conditions:
(A) The use is compatible with adjacent land uses.
(B) The use is obtainable according to data regarding expected
need and market.
(C) The use is assured of investment in necessary public
facilities.
(D) The use is supported by commitments from public agencies
where appropriate.
(E) The use is practicable with respect to private financial
capability for completion of the proposed use.
(F) The use is planned according to a schedule attached to the
reclamation plan so as to integrate the mining operation and
reclamation with the postmining land use.
(G) The use is designed by an engineer licensed under IC 25-31
and in conformance with professional standards established to
assure the stability, drainage, and configuration necessary for
the intended use of the site.
(3) The proposed use is consistent with adjacent land uses and
existing state and local land use plans and programs.
(4) The governing body of the unit of general purpose government
in which the land is located and a state or federal agency that the
director determines to have an interest in the proposed use is
provided an opportunity of not more than sixty (60) days to
review and comment on the proposed use.
(5) All other requirements of this article are met.
(c) With respect to a permit granted under subsection (a) and in
addition to other requirements the commission establishes by rule, the
director shall require the following:
(1) The toe of the lowest coal seam and the overburden associated
with the seam are retained in place as a barrier to slides and
erosion.
(2) The reclaimed area is stable.
(3) The resulting plateau or rolling contour drains inward from the
outslopes except at specified points.
(4) No damage is done to natural watercourses.
(5) Spoil is placed on the hilltop bench as is necessary to achieve
the planned postmining land use and the operator places all
excess spoil material not retained on the hilltop in accordance
with section 2(b)(25) of this chapter.
(6) The operator ensures stability of the spoil retained on the
hilltop and meets all other requirements of this article.
(d) The director shall review all permits issued under this section
not more than three (3) years from the date of issuance unless the
applicant affirmatively demonstrates that the proposed development is
proceeding in accordance with the terms of the approved schedule and
reclamation plan.
[Pre-1995 Recodification Citation: 13-4.1-8-3.]