Sec. 123.
(a) The
permittee must do the following:
(1) Either
adopt:
(A) measures consistent with known
technology that prevent subsidence from causing material damage to the extent
technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of surface lands;
or
(B) mining technology that
provides for planned subsidence in a predictable and controlled
manner.
(2) If a
permittee employs mining technology that provides for planned subsidence in a
predictable and controlled manner, the permittee must take necessary and
prudent measures, consistent with the mining method employed, to minimize
material damage to the extent technologically and economically feasible to
noncommercial buildings and occupied residential dwellings and structures
related thereto except that measures required to minimize material damage to
such structures are not required if:
(A) the
permittee has the written consent of their owners; or
(B) unless the anticipated damage would
constitute a threat to health or safety, the costs of such measures exceed the
anticipated costs of repair.
(3) Nothing in this subsection prohibits the
standard method of room-and-pillar mining.
(b) The permittee shall comply with all
provisions of the approved subsidence control plan prepared under
312
IAC 25-4-91.
(c) The permittee must do the following:
(1) Correct any material damage resulting
from subsidence caused to surface lands, to the extent technologically and
economically feasible by restoring the land to a condition capable of
maintaining the value and reasonably foreseeable uses that it was capable of
supporting before subsidence damage.
(2) Promptly repair, or compensate the owner
for, material resulting from subsidence caused to any noncommercial building or
occupied residential dwelling or structure related thereto that existed at the
time of mining. If the repair option is selected, the permittee must fully
rehabilitate, restore, or replace the damaged structure. If compensation is
selected, the permittee must compensate the owner of the damaged structure for
the full amount of the decrease in value resulting from the subsidence-related
damage. The permittee may provide compensation by the purchase, before mining,
of a noncancelable premium-prepaid insurance policy.
(3) To the extent required under applicable
provisions of Indiana law, either correct material damage resulting from
subsidence caused to any structures or facilities not protected by subdivision
(2) by repairing the damage or compensating the owner of the structures or
facilities for the full amount of the decrease in value resulting from the
subsidence. Repair of damage includes rehabilitation, restoration, or
replacement of damaged structures or facilities. Compensation may be
accomplished by the purchase before mining of a noncancelable premium-prepaid
insurance policy.
(4) The following
with regard to rebuttable presumption:
(A) If
damage to any noncommercial building or occupied residential dwelling or
structure related thereto occurs as a result of earth movement within an area
determined by projecting a specified angle of draw from the outermost boundary
of any underground mine workings to the surface of the land, a rebuttable
presumption exists that the permittee caused the damage. The presumption will
normally apply to a thirty (30) degree angle of draw. The director may apply
the presumption to a different angle of draw if the director makes a written
finding that the different angle has a more reasonable basis than the thirty
(30) degree angle of draw, based on geotechnical analysis of the factors
affecting potential surface impacts of underground coal mining operations in
Indiana.
(B) A permittee or permit
applicant may request that the presumption apply to an angle of draw different
from that established by this section. The director may approve application of
the presumption to a site-specific angle of draw different than that contained
in this section based on a site-specific analysis submitted by an applicant. To
establish a site-specific angle of draw, an applicant must demonstrate and the
director must determine in writing that the proposed angle of draw has a more
reasonable basis than the standard set forth under this section, based on a
site-specific geotechnical analysis of the potential surface impacts of the
mining operation.
(C) If the
permittee was denied access to the land or property for the purpose of
conducting the presubsidence survey in accordance with
312
IAC 25-4-91(a), no rebuttable
presumption will exist.
(D) The
presumption will be rebutted if, for example, the evidence establishes that the
damage:
(i) predated the mining in
question;
(ii) was proximately
caused by some other factor or factors and was not proximately caused by
subsidence; or
(iii) occurred
outside the surface area within which subsidence was actually caused by the
mining in question.
(E)
In any determination of whether damage to protected structures was caused by
subsidence from underground mining, all relevant and reasonable available
information will be made available to, and be considered by, the
director.
(5) When
subsidence-related material damage to land, structures, or facilities protected
under subdivisions (1) through (3) occurs, or when contamination, diminution,
or interruption to a water supply protected under section 88 of this rule
occurs, the director must require the permittee to obtain additional
performance bond in the amount of the estimated cost of the repairs if the
permittee will be repairing, or in the amount of the decrease in value if the
permittee will be compensating the owner, or in the amount of the estimated
cost to replace the protected water supply if the permittee will be replacing
the water supply, until the repair, compensation, or replacement is completed.
If repair, compensation, or replacement is completed within ninety (90) days of
the occurrence of damage, no additional bond is required. The director may
extend the ninety (90) day time frame, but not to exceed one (1) year, if the
permittee demonstrates and the director finds in writing that subsidence is not
complete, that not all probable subsidence-related material damage has occurred
to lands or protected structures, or that not all reasonably anticipated
changes have occurred affecting the protected water supply, and that therefore
it would be unreasonable to complete within ninety (90) days the repair of the
subsidence-related material damage to lands or protected structures, or the
replacement of protected water supply.
(d) Underground mining activities shall not
be conducted beneath or adjacent to:
(1)
public buildings and facilities;
(2) churches, schools, and hospitals;
or
(3) impoundments with a storage
capacity of twenty (20) acre-feet or more, or bodies of water with a volume of
twenty (20) acre-feet or more;
unless the subsidence control plan demonstrates that
subsidence will not cause material damage to, or reduce the reasonably
foreseeable use of, such features or facilities. If the director determines
that it is necessary in order to minimize the potential for material damage to
the features or facilities described in this subsection or to any aquifer or
body of water that serves as a significant water source for any public water
supply system, the director may limit the percentage of coal extracted under or
adjacent thereto.
(e) If subsidence causes material damage to
any of the features or facilities covered by subsection (d), the director may
suspend mining under or adjacent to such features or facilities until the
subsidence control plan is modified to ensure prevention of further material
damage to such features or facilities.
(f) The director shall suspend underground
mining activities:
(1) under urbanized areas,
cities, towns, and communities;
(2)
under and adjacent to industrial or commercial buildings, pipelines, major
impoundments, or perennial streams; and
(3) under any other location;
if imminent danger is found to inhabitants of urbanized
areas, cities, towns, or communities or whenever required or authorized by IC
14-34-15-6.
(g)
Within a schedule approved by the director, the permittee shall submit a
detailed report of the underground workings as follows:
(1) The detailed report shall include maps
and descriptions, as appropriate, of significant features of the underground
mine, including the following:
(A) The size,
configuration, and approximate location of pillars and entries.
(B) Extraction ratios.
(C) Measures taken to prevent or minimize
subsidence and related damage.
(D)
Areas of full extraction.
(E) Areas
of anticipated coal extraction during the next year.
(F) Other information required by the
director.
(2) Upon
request of the operator, information submitted with the detailed report may be
held as confidential in accordance with the requirements of
312
IAC 25-4-113.
(3) The map submitted under subdivision (1)
shall be planned as a continuous map for use throughout the term of all mining
operations conducted under the permit and all subsequent renewals thereof, so
that areas mined each year may be added and identified on the map according to
the year in which they were mined. The map shall be prepared by, or under the
direction of, and certified by a qualified professional engineer or registered
land surveyor with assistance from experts in related fields such as land
surveying.