312 Ind. Admin. Code 25-1-8

Current through May 29, 2024

Section 312 IAC 25-1-8 - "Affected area" defined

Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 8.

(a) "Affected area" means any land or water surface area that is used to facilitate, or is physically altered by, surface coal mining and reclamation operations. The term includes any of the following:

(1) The disturbed area.

(2) Any area upon which surface coal mining and reclamation operations are conducted.

(3) Any adjacent land the use of which is incidental to surface coal mining and reclamation operations.

(4) Any area covered by new or existing roads used to gain access to, or for hauling coal to or from, surface coal mining and reclamation operations, except as provided in this section.

(5) Any area covered by:

(A) surface excavations;

(B) workings;

(C) impoundments;

(D) dams;

(E) ventilation shafts;

(F) entryways;

(G) refuse banks;

(H) dumps;

(I) stockpiles;

(J) overburden piles;

(K) spoil banks;

(L) culm banks;

(M) tailings;

(N) holes or depressions;

(O) repair areas;

(P) storage areas; or

(Q) shipping areas.

(6) Any area upon which are sited structures, facilities, or other property material on the surface resulting from, or incident to, surface coal mining and reclamation operations.

(7) The area located above underground workings.

(b) The term includes every road used for purposes of access to, or for hauling coal to or from, any surface coal mining and reclamation operation unless:

(1) the road is designated as a public road pursuant to the laws of the jurisdiction in which it is located;

(2) the road is maintained with public funds and constructed in a manner similar to other public roads of the same classification within the jurisdiction;

(3) there is substantial (more than incidental) public use; and

(4) the extent and the effect of mining-related uses of the road by the permittee do not warrant regulation as part of the surface coal mining and reclamation operations.

(c) The director shall determine, on a case-by-case basis, whether a particular road satisfies the requirements of subsection (b)(4) based upon the mining-related use of the road and consistent with the definition of surface coal mining operation found in section 145 of this rule.

312 IAC 25-1-8

Natural Resources Commission; 312 IAC 25-1-8; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3403, eff Dec 1, 2001; errata filed Nov 20, 2001, 11:55 a.m.: 25 IR 1182; filed Apr 1, 2004, 3:00 p.m.: 27 IR 2444, eff Jan 1, 2005; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA

Readopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA