Section 312 IAC 25-6-149 - Annual reportAuthority: IC 14-34-2-1
Affected: IC 14-34-5-10
Sec. 149.
(a) As used in this section, "mined land" means the following: (1) Land from which coal has been extracted.(2) Land from which overburden has been removed.(3) Land upon which overburden or spoil has been deposited to facilitate surface coal mining activities. Mined land does not include land where only auger mining has occurred as reported in subsection (c)(3)(D).(b) As used in this section, "surface disturbed land" means land, other than mined land, that is disturbed by surface coal mining and reclamation operations, and includes areas where only topsoil is removed. Examples include, but are not limited to, the following: (9) Soil removal areas that will not be reaffected by overburden removal or deposition. The permittee need not report surface disturbed land in advance of the highwall, when the surface disturbance will be reaffected by future overburden removal or deposition.
(c) For each permit to conduct surface coal mining and reclamation operations, an annual report of affected area shall be submitted to the director no later than ninety (90) days after October 31 of each year. The annual report shall document the acres affected annually as of October 31 of the reporting year and contain the following information: (1) The name and address of the permittee and, if different from the permittee, the name and address of the person or persons conducting the mining and reclamation operations under the permit during the period covered by the report.(3) A summary of acres, to the nearest whole acre, mined and disturbed during the period from November 1 through October 31 of the year covered by the report. The acreage summary shall include the following: (B) Acres of surface disturbed land.(D) Acres of coal extraction by surface, auger mining, and highwall mining reported as a separate area from the acres in clauses (A) through (C).(d) The report shall be accompanied by a dated aerial photograph of the surface coal mining and reclamation operation taken between September 1 and December 31 of the reporting year. The photograph shall be of the same scale as the permit maps and shall show the location of the following areas or features:(2) All acres reported under subsection (c)(3).(3) Section, township, and range lines with the center of each section numbered.(4) All public roads within the permit area that are not permanently closed.(5) All areas where coal has been removed identified by surface, auger, or highwall mining methods.(6) The highwall face as of November 1 of the reporting year. The information required by subdivisions (1) through (6) may be provided on a certified map instead of being plotted on the aerial photograph.
(e) When the acres are available on a computer aided design (CAD) or other digital data format, the last report, after the permittee has completed all mining, shall include a summary of premining land use acreage for the mined and surface disturbed area.(f) Any associated map, whether separate from or created upon a photograph, furnished to satisfy the requirements under subsection (d) shall be: (1) prepared by or under the direction of; and(2) certified by; a qualified registered professional engineer or certified professional geologist with assistance from experts in related fields, such as land surveying or landscape architecture.
(g) For permits issued and affected prior to the effective date of this section and for which a Report of Affected Area has not been filed, the initial photograph shall show all areas disturbed since permit issuance, with no distinction between mined land and surface disturbed land being required on the report form, photograph or map. When available, the extend of augered areas shall be shown.(h) After the initial report is submitted, if no additional acres have been disturbed during the reporting year, no report is necessary. Natural Resources Commission; 312 IAC 25-6-149; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3589, 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