Section 312 IAC 25-6-28 - Surface mining; hydrologic balance; stream buffer zoneAuthority: IC 14-34-2-1
Affected: IC 14-34; 30 CFR 816.57
Sec. 28.
(a) No land within one hundred (100) feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities unless the director specifically authorizes surface mining activities closer to or through such a stream. The director may authorize such activities only upon finding that: (1) surface mining activities will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and(2) if there will be a temporary or permanent stream-channel diversion, it will comply with sections 14 through 15 of this rule.(b) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in section 6 of this rule. Natural Resources Commission; 312 IAC 25-6-28; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3522, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA