Current through March 20, 2024
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.
