Sec. 101.
(a) The
director may issue a permit for steep slope surface mining activities
incorporating a variance from the requirement for restoration of the affected
lands to their approximate original contour after first finding in writing on
the basis of a complete application that all of the following requirements are
met:
(1) The applicant has demonstrated that
the purpose of the variance is to make the lands to be affected within the
permit area suitable for an alternative postmining land use.
(2) The proposed alternative postmining land
use, after consultation with the appropriate land use planning agencies, if
any, is found to constitute an equal or better economic or public
use.
(3) The applicant has
demonstrated compliance with the requirements for acceptable alternative
postmining land uses of
312 IAC
25-6-64 or
312 IAC
25-6-128.
(4) The applicant has demonstrated that the
watershed of lands within the proposed permit area and adjacent areas will be
improved by the operations. The watershed will only be deemed improved if all
of the following conditions are met:
(A)
There will be a reduction in the amount of total suspended solids or other
pollutants discharged to ground or surface waters from the permit area as
compared to such discharges prior to mining so as to improve public or private
uses or the ecology of such waters, or there will be reduced flood hazards
within the watershed containing the permit area by reduction of the peak flow
discharges from precipitation events or thaws.
(B) The total volume of flows from the
proposed permit area, during every season of the year, will not vary in a way
that adversely affects the ecology of any surface water or any existing or
planned use of surface or ground water.
(C) The appropriate state environmental
agency approves the plan.
(5) The applicant has demonstrated that the
owner of the surface of the lands within the permit area has knowingly
requested or given consent in writing as part of the application that a
variance be granted. The request or consent shall be made or given separately
from any other surface owner consent given for the operation and shall show an
understanding that the variance could not be granted without the surface
owner's request or consent.
(6) The
applicant has demonstrated that the proposed operations will be conducted in
compliance with the requirements of
312 IAC
25-6-144.
(7) All other requirements of IC 14-34 and
this article will be met by the proposed operations.
(8) The proposed use is designed and
certified by a qualified registered professional engineer in conformance with
professional standards established to assure the stability, drainage, and
configuration necessary for the intended use of the site.
(9) Only the amount of spoil as is necessary
to:
(A) achieve the postmining land
use;
(B) ensure the stability of
spoil retained on the bench; and
(C) meet all other requirements of IC 14-34
and this article; is placed off the mine bench. All spoil not retained on the
bench shall be placed in accordance with
312 IAC
25-6-34,
312
IAC 25-6-50, or
312
IAC 25-6-98.
(10) Federal, Indiana, and local government
agencies with an interest in the proposed land use have an adequate period in
which to review and comment on the proposed use.
(b) If a variance is granted under this
section:
(1) the requirements of
312 IAC
25-6-144 shall be made a specific condition of the
permit; and
(2) the permit shall be
specifically marked to indicate that it contains a variance from approximate
original contour.
(c)
Permits incorporating a variance from approximate original contour will be
reviewed by the director to evaluate the progress and development of the mining
activities, and to establish that the permittee is proceeding in accordance
with the terms of the variance. Permit reviews under this subsection shall be
conducted according to the following timeframes:
(1) Within the sixth month preceding the
third year from the date of its issuance.
(2) Before each permit renewal.
(3) Not later than the middle of each permit
term.
(d) If the
permittee demonstrates to the director at any of the times specified in
subsection (c) that the operations involved have been and continue to be
conducted in compliance with the terms and conditions of the permit, the
requirements of IC 14-34, and this article, the review required at that time
need not be held.
(e) The terms and
conditions of a permit incorporating variance under this section may be
modified at any time by the director, if the director determines that more
stringent measures are necessary to ensure that the operations involved are
conducted in compliance with the requirements of IC 14-34 and this
article.
