Sec. 91.
(a) Each
application must include the following:
(1) A
map of the permit and adjacent areas at a scale of 1:12,000, or larger if
determined necessary by the director, showing the location and type of
structures and renewable resource lands that subsidence may materially damage
or for which the value or reasonably foreseeable use may be diminished by
subsidence, and showing the location and type of drinking, domestic, and
residential water supplies that could be contaminated, diminished, or
interrupted by subsidence.
(2) A
narrative indicating whether subsidence, if it occurred, could cause material
damage to or diminish the value or reasonably foreseeable use of such
structures or renewable resource lands or could contaminate, diminish, or
interrupt drinking, domestic, or residential water supplies.
(3) A survey of the condition of all
noncommercial buildings or occupied residential dwellings and structures
related thereto, that may be materially damaged or for which the reasonably
foreseeable use may be diminished by subsidence, within the area encompassed by
the applicable angle of draw, as well as a survey of the quantity and quality
of all drinking, domestic, and residential water supplies within the permit
area and adjacent area that could be contaminated, diminished, or interrupted
by subsidence. If the applicant cannot make this survey because the owner will
not allow access to the site, the applicant will notify the owner, in writing,
of the effect that denial of access will have as described in
312
IAC 25-6-123(c)(4). The applicant
must pay for any technical assessment or engineering evaluation used to
determine the premining condition or value of such noncommercial buildings or
occupied residential dwellings and structures related thereto and the quantity
and quality of drinking, domestic, or residential water supplies. The applicant
must provide copies of the survey and any technical assessment or engineering
evaluation to the property owner and the director.
(b) If the survey conducted under subsection
(a) shows that no structures, or drinking, domestic, or residential water
supplies, or renewable resource lands exist, or that no material damage or
diminution in value or reasonably foreseeable use of such structures or lands,
and no contamination, diminution, or interruption of such water supplies would
occur as a result of mine subsidence, and if the director agrees with this
conclusion, no further information need be provided under this section. If the
survey shows that structures, renewable resource lands, or water supplies exist
and that subsidence could cause material damage or diminution in value or
reasonably foreseeable use, or contamination, diminution, or interruption of
protected water supplies, or if the director determines that damage, diminution
in value or foreseeable use, or contamination, diminution, or interruption
could occur, the application must include a subsidence plan that contains the
following provisions:
(1) A description of
the method of coal removal (such as longwall mining, room-and-pillar removal,
hydraulic mining, or other extraction methods), including the size, sequence,
and timing of the development of underground workings.
(2) A map of the underground workings that:
(A) describes the location and extent of the
areas in which planned subsidence mining methods will be used; and
(B) identifies all areas where the measures
described in subdivisions (4), (5), and (7) will be taken:
(i) to prevent or minimize subsidence and
subsidence-related damage; and
(ii)
when applicable, to correct subsidence-related material damage.
(3) A description of
the physical conditions, such as dept of cover, seam thickness, and lithology
of overlaying strata, that affect the likelihood or extent of subsidence and
subsidence-related damage.
(4) A
description of the monitoring, if any, needed to determine the commencement and
degree of subsidence so that, when appropriate, other measures can be taken to
prevent, reduce, or correct material damage in accordance with
312
IAC 25-6-123(c).
(5) Except for those areas where planned
subsidence is projected to be used, a detailed description of the subsidence
control measures that will be taken to prevent or minimize subsidence and
subsidence-related damage, including, but not limited to, the following:
(A) Backstowing or backfilling of
voids.
(B) Leaving support pillars
of coal.
(C) Leaving areas in which
no coal is removed, including a description of the overlying area to be
protected by leaving the coal in place.
(D) Taking measures on the surface to prevent
or minimize material damage or diminution in value of the surface.
(6) A description of the
anticipated effects of planned subsidence, if any.
(7) For those areas where planned subsidence
is projected to be used, a description of methods to be employed to minimize
damage from planned subsidence to noncommercial buildings and occupied
residential dwellings and structures related thereto; or the written consent of
the owner of the structure or facility that minimization measures not be taken;
or, unless the anticipated damage would constitute a threat to health or
safety, a demonstration that the costs of minimizing damage exceed the
anticipated costs of repair.
(8) A
description of the measures to be taken in accordance with
312
IAC 25-6-88 and
312
IAC 25-6-123(c) to replace adversely
affected protected water supplies or to mitigate or remedy and any
subsidence-related material damage to the land and protected
structures.
(9) Other information
specified by the director as necessary to demonstrate that the operations will
be conducted in accordance with
312
IAC 25-6-123.