§ 14-36-1-26 — Reclamation procedures

Reclamation of an area for which a permit
is granted under this chapter shall be conducted as follows:
(1) The operator shall grade the affected area to a topography
consistent with the land use objectives stated in the plan of
reclamation submitted by the operator and approved by the
commission. The grading shall be done in a manner that does the
following:
(A) Minimizes erosion.
(B) Breaks up long, uninterrupted slopes.
(C) Leaves the surface free from large rocks and other
obstructions, wherever practicable, so as to permit the operation
of suitable machinery over the surface.
(2) The operator shall construct earth dams in final cuts of all
operations to create lakes for water impoundment if the lakes will
not interfere with other mining operations or damage adjoining
property. The dams shall be constructed in a manner satisfactory
to the director and must receive department approval before bond
release. Where acid forming materials are present and are not
covered by impounded water, the operator shall cover the
materials to a depth of not less than two (2) feet with earth or
nontoxic overburden.
(3) Access roads shall be located and constructed to the width,
base, and grade specifications that will minimize erosion and
deterioration and permit use for the purposes set forth in the
reclamation plan. Mining refuse may not be used in the
construction or maintenance of access roads.
(4) The operator shall remove or bury all metal, lumber, or other
debris or refuse resulting from the mining operation. All materials
used in the mining operation shall be disposed of as required
before the termination of the operation in the affected area.
(5) The operator shall revegetate the affected area described in the
application with seed, plants, or cuttings of trees, shrubs, or
grasses as recommended or approved in writing by the director.
The revegetation must conform to the approved land use
objectives stated in the approved plan of reclamation. The seeding
or planting required by this section shall be carried out in
accordance with a revegetation plan filed with the director before
November 30 of the year preceding planting. The revegetation
plan must include information on the approximate numbers and
kinds of plants or seed to be used together with the seed or plant
specifications set forth in rules adopted by the commission.
(6) The operator shall begin the reclamation of the affected area
as soon as practicable after initiation of mining operations and
consistent with the approved plan of reclamation. The operator
shall carry out the grading requirements set forth in the
reclamation plan and described in subdivision (1) as soon as
practicable after deposit of the overburden and before removal of
reclamation equipment from the mining operation. The operator
shall begin the revegetation set forth in the revegetation plan as
soon as practicable following the mining operation. Approval of
the revegetation plan by the director is contingent upon the
physical and chemical condition of the cast overburden.
(7) The operator shall treat effluent from the permit area using the
best technology available to prevent additional contributions not
in excess of requirements set by applicable state or federal law of
suspended solids or acid or toxic mine drainage to stream flow
outside the permit area.
[Pre-1995 Recodification Citation: 13-4-6-6.]

Legislative History

As added by P.L.1-1995, SEC.29.