312 IAC 25-6-125 Underground mining; subsidence control; buffer zones

Sec. 125. (a) Underground mining activities shall not be conducted beneath or adjacent to any perennial stream or impoundment having a storage volume of twenty (20) acre-feet or more unless the director, on the basis of detailed subsurface information, determines that subsidence will not cause material damage to streams, water bodies, and associated structures. If subsidence causes material damage, measures will be taken to the extent technologically feasible to correct the damage and to prevent additional subsidence from occurring. (b) Underground mining activities beneath any aquifer that serves as a significant source of water supply to any public water systems shall be conducted so as to avoid disruption of the aquifer and consequent exchange of ground water between the aquifer and other strata. The director may prohibit mining in the vicinity of the aquifer or may limit the percentage of coal extraction to protect the aquifer and water supply. (c) Underground mining activities may be conducted beneath or in close proximity to: (1) a church; (2) a school; (3) a hospital; (4) a courthouse; (5) a government office; or (6) another public building or facility; only upon a finding by the director (made on the basis of detailed subsurface information contained in the approved permit) that the activities will not cause material damage to, or reduce the reasonable foreseeable use of, the public buildings or facilities. (d) The director shall suspend underground coal mining under urbanized areas, cities, towns, and communities and adjacent to industrial or commercial buildings, pipelines, major impoundments, or permanent streams if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities. (e) If subsidence causes material damage to a public building or facility described in subsection (c), the director may suspend mining under or adjacent to the public building or facility until the subsidence control plan is modified to ensure prevention of further material damage to the public building or facility. (f) Within a schedule approved by the director in the approved permit, a permittee shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine. The detailed plan shall include the size, configuration, and approximate location of pillars and entries, extraction ratios, measures taken to prevent or minimize subsidence and related damage, and areas of full extraction. Upon the request of the permittee, information submitted with the detailed plan shall be held as confidential.