(a)Each reclamation plan submitted as part
of a permit application as required by section 3 of this chapter must
include the following, in the degree of detail necessary to demonstrate
that reclamation required by this article can be accomplished:
(1)The:
(A)identification of land subject to surface coal mining
operations over the estimated life of those operations; and
(B)size, sequence, and timing of the sub areas for which it is
anticipated that individual permits for mining will be sought.
(2)A statement of the condition of the land to be covered by the
permit before mining, including the following:
(A)The uses existing at the time of the application.
(B)If the land has a history of previous mining, the uses that
preceded mining.
(C)The capability of the land before mining to s
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(a) Each reclamation plan submitted as part
of a permit application as required by section 3 of this chapter must
include the following, in the degree of detail necessary to demonstrate
that reclamation required by this article can be accomplished:
(1) The:
(A) identification of land subject to surface coal mining
operations over the estimated life of those operations; and
(B) size, sequence, and timing of the sub areas for which it is
anticipated that individual permits for mining will be sought.
(2) A statement of the condition of the land to be covered by the
permit before mining, including the following:
(A) The uses existing at the time of the application.
(B) If the land has a history of previous mining, the uses that
preceded mining.
(C) The capability of the land before mining to support a variety
of uses giving consideration to the following:
(i) Soil and foundation characteristics.
(ii) Topography.
(iii) Vegetative cover.
(iv) If applicable, a soil survey prepared under section 3(16)
of this chapter.
(D) The productivity of the land, including the following:
(i) Appropriate classification as prime farmland.
(ii) The average yield of food, fiber, forage, or wood products
from the land obtained under high levels of management.
(3) The proposed use of the land following reclamation, including
the following:
(A) A discussion of the utility and capacity of the reclaimed
land to support a variety of alternative uses.
(B) A discussion of the relationship of that use to existing land
use policies and plans.
(C) The comments of any owner of the surface and state and
local governments or agencies of state and local governments
that would have to initiate, implement, approve, or authorize
the proposed use of the land following reclamation.
(4) A detailed description of:
(A) how the proposed postmining land use is to be achieved;
and
(B) the necessary support activities that may be needed to
achieve the proposed land use.
(5) A description of the engineering techniques and the major
equipment proposed to be used in the surface coal mining and
reclamation operation.
(6) Plans for the following:
(A) The control of surface water drainage and of water
accumulation.
(B) Where appropriate, backfilling, soil stabilization, and
compacting, grading, and appropriate revegetation.
(C) Soil reconstruction, replacement, and stabilization under the
performance standards in IC 14-34-10-2(b)(10) for the food,
forage, and forest land identified in IC 14-34-10-2(b)(10).
(7) An estimate of the cost of the reclamation, including a
statement as to how the permittee plans to comply with each of
the requirements set out in IC 14-34-10-2.
(8) The consideration given to maximize the use and conservation
of the solid fuel resource recovered so that reaffecting the land in
the future is minimized.
(9) A detailed estimated timetable for the accomplishment of each
major step in the reclamation plan.
(10) The consideration given to making the surface coal mining
and reclamation operation consistent with the following:
(A) Surface owner plans.
(B) Applicable state and local land use plans and programs.
(11) The steps to be taken to comply with the following:
(A) Applicable air and water quality laws and rules.
(B) Applicable health and safety standards.
(12) The consideration given to developing the reclamation plan
in a manner consistent with local physical environmental and
climatological conditions.
(13) With respect to land contiguous to the area to be covered by
the permit, a description of the following:
(A) The land.
(B) Interests in the land.
(C) Options on interests in the land held by the applicant.
(D) Pending bids on interests in the land by the applicant.
This information is confidential and not a matter of public record.
(14) The results of test borings that the applicant has made to the
permit area or other equivalent information and data in a form
satisfactory to the director, including the location of subsurface
water and an analysis of the chemical properties. The analysis
must include an analysis of the acid-forming properties of the
mineral and overburden. The information that pertains only to the
analysis of the chemical and physical properties of the coal,
except information regarding mineral or elemental contents that
are potentially toxic in the environment, is confidential.
(15) A detailed description of the measures to be taken during the
surface coal mining and reclamation process to assure the
protection of the following:
(A) The quality of surface and ground water systems, both
onsite and offsite, from adverse effects of the mining and
reclamation process.
(B) The rights of present users to that water.
(C) The quantity of surface and ground water systems, both
onsite and offsite, from adverse effects of the mining and
reclamation process or to provide alternative sources of water
where the protection of quantity cannot be assured.
(16) Other information that the commission requires by rule.
(b) Unless otherwise provided, information required by this section
that is not on public file under Indiana law is confidential.
[Pre-1995 Recodification Citation: 13-4.1-3-4.]