Exemptions

Sec. 3. (a) This section does not apply to the following:

(1) A permittee of a surface coal mining operation that is mining on flat or gently rolling terrain with an occasional slope as described in subsection (b) through which the coal mining operation is to proceed.

(2) A permittee in compliance with section 4 of this chapter.

(b) In addition to the requirements of section 2 of this chapter, a permittee operating a surface coal mining and reclamation operation on a slope of at least twenty degrees (20°), unless the director establishes a lesser slope after consideration of Indiana's soil, climate, and other pertinent characteristics, shall do the following:

(1) Ensure that, when performing surface coal mining on steep slopes, debris, abandoned or disabled equipment, spoil material, or waste mineral matter is not placed on the downslope below the bench or mining cut. However, spoil material exceeding that required for the reconstruction of the approximate original contour under:

(A) section 2(b)(4) of this chapter; or

(B) subdivision (2);

shall be permanently stored under section 2(b)(25) of this chapter.

(2) Complete backfilling with spoil material that:

(A) maintains stability following mining and reclamation; and

(B) completely covers the highwall;

and return the site to the approximate original contour.

(3) Not disturb land above the top of the highwall unless the director finds the disturbance will facilitate compliance with the standards of this chapter. However, the land disturbed above the highwall is limited to that amount necessary to facilitate compliance with those standards.

[Pre-1995 Recodification Citation: 13-4.1-8-2.]

As added by P.L.1-1995, SEC.27.