Section 312 IAC 25-6-129 - Underground mining; roadsAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 129.
(a) Each road, as defined in 312 IAC 25-1-126, shall be classified as either a primary road or an ancillary road as follows: (1) A primary road is any road that is:(A) used for transporting coal or spoil;(B) frequently used for access or other purposes for a period in excess of six (6) months; or(C) to be retained for an approved postmining land use.(2) An ancillary road is any road not classified as a primary road.(b) Each road shall be located, designed, constructed, reconstructed, used, maintained, and reclaimed so as to accomplish each of the following: (1) Control or prevent erosion.(2) Control or prevent siltation, and the air pollution attendant to erosion, including road dust and dust occurring on other exposed surfaces by measures, such as the following: (C) Using chemical or other dust suppressants.(D) Otherwise stabilize all exposed surfaces in accordance with current, prudent engineering practices.(3) Control or prevent damage to fish, wildlife, or their habitat and related environmental values.(4) Control or prevent additional contributions of suspended solids to stream flow or run-off outside the permit area.(5) Neither cause nor contribute to, directly or indirectly, the violation of Indiana or federal water quality standards applicable to receiving waters.(6) Refrain from seriously altering the normal flow of water in streambeds or drainage channels.(7) Prevent or control damage to public or private property, including the prevention or mitigation of adverse effects on lands within the boundaries of units of:(A) the National Park System;(B) the National Wildlife Refuge System;(C) the National System of Trails;(D) the National Wilderness Preservation System;(E) the Wild and Scenic Rivers System, including designated study rivers; and(F) the National Recreation Areas; as designated by act of Congress.(8) Use nonacid-forming and nontoxic-forming substances in road surfacing.(c) To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for each of the following in accordance with current, prudent engineering practices and any necessary design criteria established by the director:(4) Surface drainage control.(d) Roads shall be located as follows: (1) No part of any road shall be located in the channel of an intermittent stream that drains a watershed of at least one (1) square mile or perennial stream unless specifically approved by the director in accordance with the applicable portions of sections 77 through 83 and 91 of this rule.(2) Roads shall be located to minimize downstream sedimentation and flooding.(e) Roads shall be maintained as follows:(1) To meet the performance standards of this rule and any additional criteria specified by the director.(2) Damages caused by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the damage has occurred.(f) All roads, insofar as possible, should be located on ridges or on the available flatter slopes to minimize erosion.(g) Acid-forming and toxic-forming materials encountered in construction of roads approved as a postmining land use shall be handled in accordance with sections 83 and 112 of this rule.(h) A road not to be retained under an approved postmining land use shall be reclaimed, as soon as practicable after it is no longer needed for mining and reclamation operations, in accordance with the approved reclamation plan, including the following conditions: (1) Closing the road to traffic.(2) Removing all bridges and culverts unless approved as part of the postmining land use.(3) Removing or otherwise disposing of road surfacing materials that are incompatible with the postmining land use and revegetation requirements.(4) Reshaping cut and fill slopes as necessary to be compatible with the postmining land use and to complement the natural drainage pattern of the surrounding terrain.(5) Protecting the natural drainage patterns by installing dikes or cross drains as necessary to control surface run-off and erosion.(6) Scarifying or ripping the roadbed, replacing topsoil or substitute material, and revegetating disturbed surfaces in accordance with sections 75 and 115 through 122 of this rule.Natural Resources Commission; 312 IAC 25-6-129; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3581, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA