Current through March 20, 2024
Authority: IC
14-34-2-1
Affected: IC 14-34-9; IC 14-34-11
Sec. 145.
"Surface coal mining operation" means the following:
(1) An activity conducted on the surface of
lands in connection with a surface coal mine or, subject to the requirements of
IC 14-34-11, surface operations and surface impacts incident to an underground
coal mine, the products of which enter commerce or the operations of which
directly or indirectly affect interstate commerce. These activities include the
following:
(A) Excavation for the purpose of
obtaining coal, including such common methods as contour, strip, auger, hilltop
removal, box cut, open pit, and area mining.
(B) The extraction of coal from a coal refuse
pile.
(C) The use of explosives and
blasting.
(D) In situ distillation
or retorting.
(E) Coal
preparation.
(F) The loading of
coal for interstate commerce at or near the minesite.
(2) Areas upon which the activities described
in subdivision (1) occur or where those activities disturb the natural land
surface. These areas also include the following:
(A) Any adjacent land the use of which is
incidental to any such activities.
(B) All lands affected by the construction of
new roads or the improvement or use of existing roads to gain access to the
site of those activities and for:
(i) haulage
and excavation;
(ii)
workings;
(iii)
impoundments;
(iv) dams;
(v) ventilation shafts;
(vi) entryways;
(vii) refuse banks;
(viii) dumps;
(ix) stockpiles;
(x) overburden piles;
(xi) spoil banks;
(xii) culm banks;
(xiii) tailings;
(xiv) holes or depressions;
(xv) repair areas;
(xvi) storage areas;
(xvii) processing areas;
(xviii) shipping areas; and
(xix) other areas upon which are:
(AA) sited structures;
(BB) facilities; or
(CC) other property or material on the
surface; resulting from or incident to those activities.
(3) Exempted from the
meaning of surface coal mining operations are the following activities:
(A) The extraction of coal incidental to the
extraction of other minerals, where coal does not exceed sixteen and two-thirds
percent (16b%) of the tonnage of minerals removed for purposes of commercial
use or sale.
(B) Coal exploration
subject to IC 14-34-9.
