312 IAC 25-4-102 - Special categories of mining; prime farmland
Authority: IC 14-10-2-4; IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34; 30 CFR 785.17
Sec. 102.
(a) In an
initial permit application under this article for an existing surface coal
mining operation that held a valid permit on August 3, 1977, with continuous
permits held since that date, the applicant shall set forth the geographical
area that is encompassed by the operation. The permit applied for, however,
need only cover the area to be affected during the period of the permit for
which the application is made. The director shall determine the geographical
areas that are exempt from the prime farmland provisions of IC 14-34 and this
article. In making the determination, the director shall consider all relevant
factors bearing upon the extent of the geographical area upon which the
applicant intended to conduct surface coal mining operations as of August 3,
1977, including the following:
(1) A map
showing the geographical location of:
(A) the
area for which the determination is requested; and
(B) the area previously affected by surface
coal mining and reclamation operations.
(2) Information concerning the contractual
coal sales commitments that existed before August 4, 1977, for the mining
operation.
(3) Maps and other
documents that identify the location and extent of the applicant's surface and
mineral rights control for all properties within the area upon which the
determination is requested and whether the applicant:
(A) acquired the rights:
(i) before August 4, 1977; or
(ii) after August 3, 1977; or
(B) does not control the rights
currently.
(4) Mining
plans, maps, or other documents prepared before August 4, 1977, that identify
the area intended to be mined by the existing operations.
(5) Maps or other documents identifying the
extent of coal exploration activity performed by the applicant in the area
before August 4, 1977.
(6) Copies
of any other permits issued to the applicant by governmental agencies before
August 4, 1977, with respect to those operations upon those lands for which
this determination is sought.
(7)
The legal and financial commitments made by the applicant in connection with
the mining operation as of August 3, 1977, with respect to those lands for
which this determination is requested.
(8) Any other relevant information.
(b) In making the determination
required under subsection (a), no one (1) or group of factors is controlling.
The determination shall be made by the director based upon all relevant factors
of the particular surface coal mining operation for which the permit and
determination is sought. The determination applies:
(1) to all subsequent and continuous permits
for the existing surface coal mining operation; or
(2) until the director determines the
operations have permanently ceased.
(c) The requirements of subsection (d) apply
to a permittee who conducts or intends to conduct surface coal mining and
reclamation operations on prime farmland historically used for cropland.
Subsection (d) does not apply to an existing surface coal mining operation that
held a valid permit on August 3, 1977, with continuous permits held since that
date.
(d) If land within the
proposed permit area is identified as prime farmland under section 39 or 80 of
this rule, the applicant shall submit a plan for the mining and restoration of
the land. Each plan must include the following:
(1) A soil survey of the permit area under
the standards of the National Cooperative Soil Survey and under the procedures
set forth in United States Department of Agriculture Handbooks 436 (Soil
Taxonomy, 1975) and 18 (Soil Survey Manual, 1951). The soil survey shall
include a description of soil mapping units and a representative soil profile
as determined by the United States Natural Resources Conservation Service,
including, but not limited to:
(A) soil
horizon depths;
(B) pH;
and
(C) the range of soil
densities; for each prime farmland soil unit within the permit area. Other
representative soil-profile descriptions from the locality, prepared according
to the standards of the National Cooperative Soil Survey, may be used if their
use is approved by the state conservationist, United States Natural Resources
Conservation Service. The director may request the operator to provide
information on other physical and chemical soil properties as needed to make a
determination that the operator has the technical capability to restore the
prime farmland within the permit area to the soil reconstruction standards of
312 IAC 25-6-139 through
312 IAC 25-6-143.
(2) The proposed method and type
of equipment to be used for removal, storage, and replacement of soil under
312 IAC 25-6-139 through
312 IAC 25-6-143.
(3) The location of areas to be used for the
separate stockpiling of the soil and a plan for soil stabilization before
redistribution.
(4) Applicable:
(A) agricultural school studies;
(B) scientific data from comparable areas;
or
(C) similar documentation; that
supports the use of suitable material other than the A horizon, B horizon, or C
horizon to obtain on the restored area equivalent or higher levels of yield as
nonmined prime farmlands in the surrounding area under equivalent levels of
management.
(5) A plan
describing the conservation practices to be used to adequately control erosion
and sedimentation and restoration of an adequate soil moisture regime during
the period from completion of regrading until release of the performance bond
under 312 IAC 25-5. Proper adjustments
must be proposed so that final graded land is not exposed to erosion during
seasons when vegetation or conservation practices cannot be established due to
weather conditions.
(6) A
demonstration based on:
(A) soil
surveys;
(B) scientific data;
or
(C) standard agronomic
practices; that the applicant using the proposed method of reclamation has the
capability, within a reasonable time, to achieve equivalent or higher levels of
yield after mining as existed before mining.
(7) Current estimated level of yields under
high levels of management of prime farmland.
(8) If the applicant proposes to establish
commercial forest resources on the prime farmland, the plan must also include
the following:
(A) A commercial forest
planting plan that shall include the following:
(i) A stocking rate.
(ii) A plan for replanting as
needed.
(B) A commercial
forest management plan.
(C)
Documentation of landowner consent.
(e) Before any permit is issued for areas
that include prime farmland, the director shall consult with the state
conservationist of the Natural Resources Conservation Service. The state
conservationist shall do the following:
(1)
Provide for the review of and comment on the proposed method of soil
reconstruction in the plan submitted under subsection (d).
(2) Suggest revisions resulting in more
complete and adequate reconstruction if the state conservationist considers the
soil reconstruction methods to be inadequate. The state conservationist has
fifteen (15) days after consultation with the director to respond.
(3) Provide to the director a list of prime
farmland soils and their:
(A)
location;
(B) physical and chemical
characteristics;
(C) crop yields;
and
(D) associated data necessary
to support adequate prime farmland descriptions.
(4) Assist the director in determining the
adequacy of all soil surveys required in subsection (d)(1) through
(d)(3).
(f) A permit for
the mining and reclamation of prime farmland may be granted by the director if
the director finds, in writing, upon the basis of a complete application, the
following:
(1) The approved proposed
postmining land use of prime farmland will be cropland.
(2) The permit incorporates as specific
conditions the contents of the plan submitted under subsection (d), after
consideration of any revisions to that plan suggested by the state
conservationist under subsection (e).
(3) The applicant has the technological
capability to restore the prime farmland, within a reasonable time, to
equivalent or higher levels of yield as nonmined prime farmland in the
surrounding area under equivalent levels of management.
(4) The proposed operations will be conducted
in compliance with the requirements of
312 IAC 25-6-139 through
312 IAC 25-6-143 and other
environmental protection performance and reclamation standards for mining and
reclamation of prime farmland of the regulatory program.
(5) The aggregate total prime farmland
acreage shall not be decreased from that which existed before mining.
Waterbodies, if any, to be constructed during mining and reclamation must be
located within the postreclamation nonprime farmland portions of the permit
area. The:
(A) creation of any waterbody must
be approved by the director; and
(B) consent of all affected property owners
within the permit area shall be obtained.
Notes
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