Indiana § 14-34-10-5 Conditions for variance

Indiana Statutes

§ 14-34-10-5 — Conditions for variance

Indiana·Art. 34 SURFACE COAL MINING AND RECLAMATION·Ch. 10 Performance Standards

(a)The director may grant a variance from the requirement to restore to approximate original contour set forth in section 3(b)(2) of this chapter if the following conditions exist:

(1)After approval of the appropriate state environmental agencies, the watershed control of the area is improved.

(2)Complete backfilling with spoil materials that maintains stability following mining and reclamation is required to completely cover the highwall.

(3)The owner of the surface knowingly requests in writing, as a part of the permit application, that a variance be granted so as to make the land, after reclamation, suitable for an industrial, a commercial, a residential, a public, or a recreational use.

(4)After consultation with the appropriate land use planning agencies, if any:

(A)the potentia

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(a) The director may grant a variance from the
requirement to restore to approximate original contour set forth in
section 3(b)(2) of this chapter if the following conditions exist:
(1) After approval of the appropriate state environmental
agencies, the watershed control of the area is improved.
(2) Complete backfilling with spoil materials that maintains
stability following mining and reclamation is required to
completely cover the highwall.
(3) The owner of the surface knowingly requests in writing, as a
part of the permit application, that a variance be granted so as to
make the land, after reclamation, suitable for an industrial, a
commercial, a residential, a public, or a recreational use.
(4) After consultation with the appropriate land use planning
agencies, if any:
(A) the potential use of the affected land constitutes an equal or
a better economic or public use; and
(B) the variance is designed and certified by a professional
engineer licensed under IC 25-31 and is in conformance with
professional standards established to assure the stability,
drainage, and configuration necessary for the intended use of
the site.
(b) With respect to a variance granted under subsection (a) or under
IC 13-4.1-8-4(a) (before its repeal) and in addition to other
requirements the commission establishes by rule, the director shall
require the following:
(1) Only the amount of spoil will be placed off the mine bench as
is necessary to achieve the planned postmining land use.
(2) Stability of the spoil retained on the bench is ensured.
(3) All spoil placement off the mine bench must comply with
section 2(b)(25) of this chapter.
(c) The director shall review all exceptions granted under this
section not more than three (3) years after the date of issuance of the
permit unless the permittee affirmatively demonstrates that the
proposed development is proceeding in accordance with the terms of
the reclamation plan.
[Pre-1995 Recodification Citation: 13-4.1-8-4.]