INDIANA ADMINISTRATIVE CODE
TITLE 310.  DEPARTMENT OF NATURAL RESOURCES
ARTICLE 12.  COAL MINING AND RECLAMATION OPERATIONS
(Current as of January, 2001)

Rule 0.5.      Definitions
Rule 1.        General Provisions
Rule 2.        Areas Unsuitable for Mining
Rule 3.        Permitting Procedures
Rule 4.        Bonding Liability Insurance Requirements
Rule 5.        Performance Standards
Rule 6.        Inspection and Enforcement Procedures
Rule 7.        Restriction on Financial Interest of State Employees
Rule 8.        Training, Examination, and Certification of Blasters
Rule 9.        Reclamation Division Fund; Reclamation Fee

NOTE:
Cross references to OSM's federal regulations appear in double braces to the right of the Rule or Section number, e.g.,
 "RULE 0.5. DEFINITIONS  {{ 30 CFR 701.5 }}".  The cross references were compiled using the preambles to OSM's
 approval of amendments to the Indiana regulatory program published in the Federal Register from the April 8, 1996 Federal
Register issue (61 FR 15378), the date OSM approved the recodification of the Indiana SMCRA, through the June 5, 2000
Federal Register issue (65 FR 5568).

          INDIANA ADMINISTRATIVE CODE
TITLE 310.  DEPARTMENT OF NATURAL RESOURCES
ARTICLE 12.  COAL MINING AND RECLAMATION OPERATIONS

RULE 0.5. DEFINITIONS    {{ 30 CFR 701.5 }}

310 IAC 12-0.5-1    Application of definitions
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 1. Unless otherwise specified, the definitions contained in this rule apply throughout this article. (Department of
Natural Resources; 310 IAC 12-0.5-1; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1137, eff May 1, 1991)

310 IAC 12-0.5-2    "Acid drainage" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 2. "Acid drainage" means water with a pH of less than six (6.0) and in which total acidity exceeds total alkalinity
discharged from an active, inactive, or abandoned surface coal mine and reclamation operation. (Department of Natural
Resources; 310 IAC 12-0.5-2; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1137, eff May 1, 1991)

310 IAC 12-0.5-3     "Acid forming materials" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 3. "Acid forming materials" means earth materials that contain sulfide minerals or other materials which, if
exposed to air, water, or weathering processes, form acids that may create acid drainage. (Department of Natural Resources; 310
IAC 12-0.5-3; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1137, eff May 1, 1991)

310 IAC 12-0.5-4     "Act" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 4. "Act" means IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.].
(Department of Natural Resources; 310 IAC 12-0.5-4; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1137, eff May 1, 1991)

310 IAC 12-0.5-5    "Adjacent area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 5. "Adjacent area" means land located outside the affected area, or permit area, depending on the context in which
adjacent area is used, where air, surface or ground water, fish, wildlife, vegetation, or other resources protected by IC 13-4.1 [IC
13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.] may be adversely impacted by surface coal mining
and reclamation operations. (Department of Natural Resources; 310 IAC 12-0.5-5; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1137,
eff May 1, 1991)

310 IAC 12-0.5-5.5  "Administratively complete application" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 5.5. "Administratively complete application" means an application for permit approval, or approval for coal
exploration where required, or approval for an exemption for coal extraction incidental to the extraction of other minerals, which
the director determines to contain information addressing each application requirement of this article and to contain all
information necessary to initiate processing and public review. (Department of Natural Resources; 310 IAC 12-0.5-5.5; filed Apr
12, 1993, 11:00 a.m.: 16 IR 2142, eff Nov 1, 1993)

310 IAC 12-0.5-6    "Affected area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34; 30 CFR 701.5

     Sec. 6. (a) "Affected area" means any land or water surface area that is used to facilitate, or is physically altered by,
surface coal mining and reclamation operations. The term includes any of the following:
     (1) The disturbed area.
     (2) Any area upon which surface coal mining and reclamation operations are conducted.
     (3) Any adjacent lands, the use of which is incidental to surface coal mining and reclamation operations.
     (4) All areas covered by new or existing roads used to gain access to, or for hauling coal to or from, surface coal mining
     and reclamation operations, except as provided in this section.
     (5) Any adjacent lands, the use of which is incidental to surface coal mining and reclamation operations.
     (6) Any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse
     banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage
     areas, or shipping areas.
     (7) Any areas upon which are sited structures, facilities, or other property material on the surface resulting from, or
     incident to, surface coal mining and reclamation operations.
     (8) The area located above underground workings.
     (b) The affected area shall include every road used for purposes of access to, or for hauling coal to or from, surface coal
mining and reclamation operations unless:
     (1) the road was designated as a public road pursuant to the laws of the jurisdiction in which it is located;
     (2) the road is maintained with public funds, and constructed in a manner similar to other public roads of the same
     classification within the jurisdiction;
     (3) there is substantial (more than incidental) public use; and
     (4) the extent and the effect of mining-related uses of the road by the permittee does not warrant regulation as part of the
     surface coal mining and reclamation operations.
     ( c) The director shall determine, on a case-by-case basis, whether a particular road satisfies the requirements of
subsection (b)(4), based upon the mining-related use of the road and consistent with the definition of surface coal mining
operations found in section 125 of this rule. (Department of Natural Resources; 310 IAC 12-0.5-6; filed Feb 16, 1990, 5:00
p.m.: 13 IR 1137, eff May 1, 1991; filed Oct 18, 1990, 9:35 a.m.: 14 IR 421, eff Nov 1, 1993; filed May 31, 1994, 5:00 p.m.: 17
IR 2232, eff Aug 1, 1994; filed Oct 6, 1997, 5:15 p.m.: 21 IR 358, eff Dec 1, 1998)

310 IAC 12-0.5-7    "Agricultural use" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 7. "Agricultural use" means the use of any tract of land for the production of animal or vegetable life. The uses
include, but are not limited to, the pasturing, grazing, and watering of livestock and the cropping, cultivation, and harvesting of
plants. (Department of Natural Resources; 310 IAC 12-0.5-7; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1137, eff May 1, 1991)

310 IAC 12-0.5-8    "A horizon" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 8. "A horizon" means the uppermost mineral layer and is the part of the soil in which the organic matter is most
abundant and where the leaching of soluble or suspended particles is typically the greatest. (Department of Natural Resources;
310 IAC 12-0.5-8; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1137, eff May 1, 1991)

310 IAC 12-0.5-9    "Applicant" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 9. "Applicant" means any person seeking a permit or exploration approval from the director to conduct surface
coal mining and reclamation operations pursuant to IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective
July 1, 1995.], this article, and this regulatory program. (Department of Natural Resources; 310 IAC 12-0.5-9; filed Feb 16,
1990, 5:00 p.m.: 13 IR 1137, eff May 1, 1991; errata filed Jun 12, 1990, 5:00 p.m.: 13 IR 2002; errata filed May 11, 1995, 6:00
p.m.: 18 IR 2413, eff Oct 1, 1995)

310 IAC 12-0.5-10   "Application" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 10. "Application" means the documents and other information filed with the director for issuance of a permit or
exploration approval. (Department of Natural Resources; 310 IAC 12-0.5-10; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1138, eff
May 1, 1991)

310 IAC 12-0.5-11   "Approximate original contour" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 11. "Approximate original contour" means that surface configuration achieved by backfilling and grading of the
mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface
configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with
all highwalls, spoil piles, and coal refuse piles eliminated. Permanent water impoundments may be permitted where the director
has determined that they comply with the performance standards of this article. (Department of Natural Resources; 310 IAC 12-
0.5-11; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1138, eff May 1, 1991)

310 IAC 12-0.5-12   "Aquifer" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 12. "Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for
a specified use. (Department of Natural Resources; 310 IAC 12-0.5-12; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1138, eff May 1,
1991)

310 IAC 12-0.5-13   "Auger mining" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 13. "Auger mining" means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal
seam from the highwall and transporting the coal along an auger bit to the surface. (Department of Natural Resources; 310 IAC
12-0.5-13; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1138, eff May 1, 1991)

310 IAC 12-0.5-14   "Augmented seeding, fertilization, or irrigation" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 14. "Augmented seeding, fertilization, or irrigation" means seeding, fertilizing, or irrigating in excess of normal
agronomic practices within the region. (Department of Natural Resources; 310 IAC 12-0.5-14; filed Feb 16, 1990, 5:00 p.m.: 13
IR 1138, eff May 1, 1991)

310 IAC 12-0.5-15   "Best technology currently available" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 15. (a) "Best technology currently available" means equipment, devices, systems, methods, or techniques which
will:
     (1) prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the
     permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable
     Indiana or federal laws; and
     (2) minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and their habitats and achieve
     enhancement of those resources where practicable.
     (b) Included within best technology currently available are equipment, devices, systems, methods, or techniques which
are currently available anywhere as determined by the director even if not in routine use. The term includes, but is not limited to,
construction practices, siting requirements, vegetative selection and planting requirements, scheduling of activities, and design of
siltation structures. The director shall have the discretion to determine the best technology currently available on a case-by-case
basis, as authorized by IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.] and this article.
(Department of Natural Resources; 310 IAC 12-0.5-15; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1138, eff May 1, 1991)

310 IAC 12-0.5-16   "B horizon" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 16. "B horizon" means the mineral layer that is typically immediately beneath the A horizon. The B horizon
commonly contains more clay, iron, or aluminum than the A horizon or the C horizon. (Department of Natural Resources; 310
IAC 12-0.5-16; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1138, eff May 1, 1991)

310 IAC 12-0.5-17   "Box cut spoil" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 17. "Box cut spoil" means the spoil created from the initial excavation of a pit or pits which is placed upon the
surface of adjacent lands. The term does not include spoil from subsequent excavations which is placed in previously excavated
pits. (Department of Natural Resources; 310 IAC 12-0.5-17; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1138, eff May 1, 1991)

310 IAC 12-0.5-18   "Cemetery" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 18. "Cemetery" means any area of land where human remains are interred. (Department of Natural Resources; 310
IAC 12-0.5-18; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1139, eff May 1, 1991)

310 IAC 12-0.5-19   "Certified blaster" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 19. "Certified blaster" means a person who has the following qualifications:
     (1) Has twelve (12) months or more experience in blasting operations under the immediate supervision of an
     experienced blaster.
     (2) Has completed an approved training course in blasting technology.
     (3) Has successfully passed the blaster certification examination.
     (4) Holds a valid certificate issued by the director.
(Department of Natural Resources; 310 IAC 12-0.5-19; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1139, eff May 1, 1991; errata filed
Jun 12, 1990, 5:00 p.m.: 13 IR 2002; errata filed May 11, 1995, 6:00 p.m.: 18 IR 2413, eff Oct 1, 1995)

310 IAC 12-0.5-20   "C horizon" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 20. "C horizon" means the deepest layer of the soil profile and consists of loose material or weathered rock that is
relatively unaffected by biologic activity. (Department of Natural Resources; 310 IAC 12-0.5-20; filed Feb 16, 1990, 5:00 p.m.:
13 IR 1139, eff May 1, 1991)

310 IAC 12-0.5-21   "Coal" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 21. "Coal" means combustible carbonaceous rock classified as bituminous or subbituminous by ASTM Standard D
388-77. (Department of Natural Resources; 310 IAC 12-0.5-21; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1139, eff May 1, 1991)

310 IAC 12-0.5-22   "Coal exploration" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 22. "Coal exploration" means the field gathering of:
     (1) surface or subsurface geologic, physical, or chemical data by trenching, drilling, geophysical, or other techniques
     necessary to determine the quality and quantity of overburden and coal of an area; or
     (2) the gathering of environmental data to establish the condition of an area before beginning surface coal mining and
     reclamation operations under the requirements of this article.
(Department of Natural Resources; 310 IAC 12-0.5-22; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1139, eff May 1, 1991; errata filed
Jun 12, 1990, 5:00 p.m.: 13 IR 2002)

310 IAC 12-0.5-23   "Coal mine waste" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 23. "Coal mine waste" means coal processing waste and underground development waste. (Department of Natural
Resources; 310 IAC 12-0.5-23; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1139, eff May 1, 1991)

310 IAC 12-0.5-24   "Coal preparation" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 24. "Coal preparation" means leaching, chemical processing, physical processing, cleaning, concentrating, or any
other method for processing or preparing coal. (Department of Natural Resources; 310 IAC 12-0.5-24; filed Feb 16, 1990, 5:00
p.m.: 13 IR 1139, eff May 1, 1991)

310 IAC 12-0.5-25   "Coal preparation plant" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 25. (a) "Coal preparation plant" means a facility or collection of facilities which perform coal preparation.
     (b) A coal preparation plant includes each of the following:
     (1) Loading facilities.
     (2) Storage and stockpile facilities.
     (3) Sheds.
     (4) Shops and other buildings.
     (5) Water treatment and water storage facilities.
     (6) Settling basins and impoundments.
     (7) Coal processing and other waste disposal areas.
     (8) Roads, railroads, and other transport facilities.
     (9) Other associated support facilities.
     (c) Exempted from the meaning of coal preparation plant is an operation which:
     (1) loads coal;
     (2) does not crush, size, or screen coal; and
     (3) is not located at or near the minesite.
(Department of Natural Resources; 310 IAC 12-0.5-25; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1139, eff May 1, 1991)

310 IAC 12-0.5-26   "Coal processing waste" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 26. "Coal processing waste" means earth materials which are separated from the product coal during cleaning,
concentrating, or other processing or preparation of coal. (Department of Natural Resources; 310 IAC 12-0.5-26; filed Feb 16,
1990, 5:00 p.m.: 13 IR 1140, eff. May 1, 1991)

310 IAC 12-0.5-27   "Combustible material" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 27. "Combustible material" means organic material that is capable of burning, either by fire or through oxidation,
accompanied by the evolution of heat and a significant temperature rise. (Department of Natural Resources; 310 IAC 12-0.5-27;
filed Feb 16, 1990, 5:00 p.m.: 13 IR 1140, eff May 1, 1991)

310 IAC 12-0.5-28   "Commission" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-10-1-1; IC 14-34

     Sec. 28. "Commission" refers to the natural resources commission established under IC 14-3-3-3 [IC 14-3 was repealed
by P.L.1-1995, SECTION 91, effective July 1, 1995.]. (Department of Natural Resources; 310 IAC 12-0.5-28; filed Feb 16,
1990, 5:00 p.m.: 13 IR 1140, eff May 1, 1991)

310 IAC 12-0.5-29   "Community or institutional building" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 29. "Community or institutional building" means a structure, other than a public building or an occupied dwelling,
which:
     (1) is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;
     (2) functions as an educational, cultural, historic, religious, scientific, correctional, mental health care, or physical
     health care facility; or
     (3) is used for:
          (A) water supply;
          (B) power generation;
          ( C) sewage treatment; or
          (D) other public services.
(Department of Natural Resources; 310 IAC 12-0.5-29; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1140, eff May 1, 1991)

310 IAC 12-0.5-30   "Compaction" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 30. "Compaction" means increasing the density of a material by reducing the voids between the particles.
(Department of Natural Resources; 310 IAC 12-0.5-30; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1140, eff May 1, 1991)

310 IAC 12-0.5-31   "Complete application" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 31. "Complete application" means an application for a permit or exploration approval which contains all
information required under IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.] and this
article. (Department of Natural Resources; 310 IAC 12-0.5-31; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1140, eff May 1, 1991)

310 IAC 12-0.5-32   "Cropland" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 32. "Cropland" means land used for the production of adapted crops for harvest, alone or in a rotation with grasses
and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty
crops. Land used for facilities in support of a cropland farming operation, which is adjacent to or an integral part of the
operation, is also included. (Department of Natural Resources; 310 IAC 12-0.5-32; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1140,
eff May 1, 1991)

310 IAC 12-0.5-32.5      "Cumulative impact area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 32.5. "Cumulative impact area" means the area, including the permit area, within which impacts resulting from a
proposed operation may interact with the impacts of all anticipated mining on surface and ground water systems. Anticipated
mining includes the entire projected lives through final bond release of the following:
     (1) The proposed operation.
     (2) Existing operations.
     (3) Any operation for which a permit application has been submitted to the department.
     (4) Any operation which must meet development requirements for leased federal coal for which actual mine
     development information is available.
(Department of Natural Resources; 310 IAC 12-0.5-32.5; filed Dec 1, 1992, 5:00 p.m.: 16 IR 1036, eff Oct 1, 1993)

310 IAC 12-0.5-32.6      "Cumulative measurement period" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 32.6. (a) "Cumulative measurement period" means, for the purposes of 310 IAC 12-1-5 through 310 IAC 12-1-12,
the period of time over which both cumulative production and cumulative revenue are measured.
     (b) For purposes of determining the beginning of the cumulative measurement period, subject to approval by the
director, the operator must select and consistently use one (1) of the following:
     (1) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or
     other minerals commenced at that mining area or August 3, 1977.
     (2) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date
     extraction of coal or other minerals commenced at that mining area, whichever is earlier.
     ( c) For annual reporting purposes under 310 IAC 12-1-12, the end of the period for which cumulative production and
revenue is calculated is either:
     (1) for mining areas where coal or other minerals were extracted before the effective date of this section, the last day of
     the preceding month, and each anniversary of that date thereafter; or
     (2) for mining areas where extraction of coal or other minerals commenced on or after the effective date of this section,
     the last day of the calendar quarter during which coal extraction commenced, and each anniversary of that day
     thereafter.
(Department of Natural Resources; 310 IAC 12-0.5-32.6; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2142, eff Nov 1, 1993)

310 IAC 12-0.5-32.7      "Cumulative production" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 32.7. "Cumulative production" means, for the purposes of 310 IAC 12-1-5 through 310 IAC 12-1-12, the total
tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. The inclusion of
stockpiled coal and other mineral tonnages is governed by 310 IAC 12-1-10. (Department of Natural Resources; 310 IAC 12-
0.5-32.7; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2142, eff Nov 1, 1993)

310 IAC 12-0.5-32.8      "Cumulative revenue" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 32.8. "Cumulative revenue" means, for the purposes of 310 IAC 12-1-5 through 310 IAC 12-1-12, the total
revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used,
but not sold, during the cumulative measurement period. (Department of Natural Resources; 310 IAC 12-0.5-32.8; filed Apr 12,
1993, 11:00 a.m.: 16 IR 2143, eff Nov 1, 1993)

310 IAC 12-0.5-33   "Department" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-9-1-1; IC 14-34

     Sec. 33. "Department" refers to the department of natural resources established under IC 14-3-3-2 [IC 14-3 was
repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.]. (Department of Natural Resources; 310 IAC 12-0.5-33; filed
Feb 16, 1990, 5:00 p.m.: 13 IR 1140, eff May 1, 1991)

310 IAC 12-0.5-34   "Developed water resources" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 34. "Developed water resources" means land which is used for storing water for beneficial purposes and includes
each of the following:
     (1) Stock ponds.
     (2) Irrigation.
     (3) Fire protection.
     (4) Flood control.
     (5) Water supply.
(Department of Natural Resources; 310 IAC 12-0.5-34; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1140, eff May 1, 1991)

310 IAC 12-0.5-35   "Director" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 35. "Director" refers to the director of the department of natural resources (or an authorized representative of the
director). (Department of Natural Resources; 310 IAC 12-0.5-35; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1140, eff May 1, 1991)

310 IAC 12-0.5-36   "Disturbed area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 36. "Disturbed area" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil,
spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations.
Those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of
performance is released. (Department of Natural Resources; 310 IAC 12-0.5-36; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1141, eff
May 1, 1991)

310 IAC 12-0.5-37   "Diverse vegetation" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 37. "Diverse vegetation" means two (2) or more plant species that provide effective and permanent vegetative
cover, compatible with the postmining land use, soils, and climate. (Department of Natural Resources; 310 IAC 12-0.5-37; filed
Feb 16, 1990, 5:00 p.m.: 13 IR 1141, eff May 1, 1991)

310 IAC 12-0.5-38   "Diversion" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 38. "Diversion" means a channel, embankment, or other manmade structure constructed to divert water from one
(1) area to another. (Department of Natural Resources; 310 IAC 12-0.5-38; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1141, eff May
1, 1991)

310 IAC 12-0.5-39   "Downslope" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 39. "Downslope" means the land surface between the projected outcrop of the lowest coalbed being mined along
each highwall and a valley floor. (Department of Natural Resources; 310 IAC 12-0.5-39; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1141, eff May 1, 1991)

310 IAC 12-0.5-39.5      "Drinking, domestic, or residential water supply" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34; 30 CFR 701.5

     Sec. 39.5. "Drinking, domestic, or residential water supply" means water received from a well or spring and any
appurtenant delivery system that provides water for direct human consumption or household use. Wells and springs that serve
only agricultural, commercial, or industrial enterprises are not included except to the extent the water supply is for direct human
consumption, human sanitation, or domestic use. (Department of Natural Resources; 310 IAC 12-0.5-39.5; filed Mar 27, 1997,
11:15 a.m.: 20 IR 2099, eff Apr 1, 1998)

310 IAC 12-0.5-40   "Embankment" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 40. "Embankment" means an artificial deposit of material that is raised above the natural surface of the land and
used to contain, divert, or store water, support roads, or railways, or for other similar purposes. (Department of Natural
Resources; 310 IAC 12-0.5-40; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1141, eff May 1, 1991)

310 IAC 12-0.5-41   "Ephemeral stream" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 41. "Ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate
watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local
water table. (Department of Natural Resources; 310 IAC 12-0.5-41; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1141, eff May 1, 1991)

310 IAC 12-0.5-42   "Excess spoil" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 42. "Excess spoil" means spoil in excess of that necessary to backfill and grade affected areas to the approximate
original contour. The term may include box cut spoil where it has been demonstrated for the duration of the mining operation,
that the box cut spoil is not needed to restore the approximate original contour. (Department of Natural Resources; 310 IAC 12-
0.5-42; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1141, eff May 1, 1991)

310 IAC 12-0.5-43   "Existing structure" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 43. "Existing structure" means a structure or facility used in connection with, or to facilitate, surface coal mining
and reclamation operations for which construction begins prior to the implementation of IC 13-4.1 [IC 13-4.1 was repealed by
P.L.1-1995, SECTION 91, effective July 1, 1995.]. (Department of Natural Resources; 310 IAC 12-0.5-43; filed Feb 16, 1990,
5:00 p.m.: 13 IR 1141, eff May 1, 1991)

310 IAC 12-0.5-44   "Extraction of coal as an incidental part" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 44. "Extraction of coal as an incidental part" means, for the purposes of 310 IAC 12-1-4, the extraction of coal
which is necessary to enable the construction to be accomplished. Only that coal extracted from within the right-of-way, in the
case of a road, railroad, utility line, or other such construction, or within the boundaries of the area directly affected by other
types of government-financed construction, may be considered incidental to that construction. (Department of Natural
Resources; 310 IAC 12-0.5-44; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1141, eff May 1, 1991)

310 IAC 12-0.5-45   "Federal land" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 45. "Federal land" means any land, including mineral interests owned by the United States, without regard to how
the United States acquired ownership of the lands or which agency manages the lands. (Department of Natural Resources; 310
IAC 12-0.5-45; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1141, eff May 1, 1991)

310 IAC 12-0.5-46   "Fish and wildlife habitat" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 46. "Fish and wildlife habitat" means land dedicated wholly or partially to the production, protection, or
management of species of fish or wildlife. (Department of Natural Resources; 310 IAC 12-0.5-46; filed Feb 16, 1990, 5:00
p.m.: 13 IR 1142, eff May 1, 1991)

310 IAC 12-0.5-47   "Forestry" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 47. "Forestry" means land used or managed for the long term production of wood, wood fiber, or wood derived
products. Land used for facilities in support of a forest harvest and management operation, which is adjacent to or an integral
part of the operation, is also included. (Department of Natural Resources; 310 IAC 12-0.5-47; filed Feb 16, 1990, 5:00 p.m.: 13
IR 1142, eff May 1, 1991)

310 IAC 12-0.5-48   "Fragile lands" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34-18-3

     Sec. 48. "Fragile lands" means geographic areas containing natural, ecologic, scientific, or aesthetic resources that
could be damaged or destroyed by surface coal mining operations. Examples of fragile lands include the following:
     (1) Valuable habitats for fish or wildlife.
     (2) Critical habitats for endangered or threatened species of animals or plants.
     (3) Uncommon geologic formations.
     (4) Paleontological sites.
     (5) National natural landmarks.
     (6) Areas where mining may cause flooding.
     (7) Environmental corridors containing a concentration of ecologic and aesthetic features.
     (8) Areas of recreational value due to high environmental quality.
     (9) Buffer zones adjacent to the boundaries of areas where surface coal mining operations are prohibited under IC 13-
     4.1-14-1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.] and 310 IAC 12-2-1 through
     310 IAC 12-2-2.
(Department of Natural Resources; 310 IAC 12-0.5-48; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1142; filed Dec 1, 1992, 5:00 p.m.:
16 IR 1026, eff Apr 1, 1993)

310 IAC 12-0.5-49   "Fugitive dust" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 49. "Fugitive dust" means that particulate matter not emitted from a duct or stack which becomes airborne due to
the forces of wind or surface coal mining and reclamation operations or both. During emissions from haul roads; wind erosion of
exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed,
stored, transported, or redistributed. (Department of Natural Resources; 310 IAC 12-0.5-49; filed Feb 16, 1990, 5:00 p.m.: 13
IR 1142, eff May 1, 1991)

310 IAC 12-0.5-50   "General area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 50. "General area" means, with respect to hydrology, the topographic and ground water basin surrounding a permit
area which is of sufficient size, including areal extent and depth, to include one (1) or more watersheds containing perennial
streams and ground water zones and to allow assessment of the probable cumulative impacts on the quality and quantity of
surface and ground water systems in the basins. (Department of Natural Resources; 310 IAC 12-0.5-50; filed Feb 16, 1990, 5:00
p.m.: 13 IR 1142, eff May 1, 1991)

310 IAC 12-0.5-51   "Government financing agency" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 51. "Government financing agency" means a federal, Indiana, county, municipal, or local unit of government, or a
department, bureau, agency, or office of the unit which directly or through another unit of government, finances construction.
(Department of Natural Resources; 310 IAC 12-0.5-51; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1142, eff May 1, 1991)

310 IAC 12-0.5-52   "Government-financed construction" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 52. "Government-financed construction" means construction funded fifty percent (50%) or more by funds
appropriated from government financing agency's budget or obtained from general revenue bonds, but shall not mean
government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent,
or in-kind payments. (Department of Natural Resources; 310 IAC 12-0.5-52; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1142, eff May
1, 1991)

310 IAC 12-0.5-53   "Ground cover" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 53. "Ground cover" means the area of ground which is covered by the combined aerial parts of vegetation and the
litter that is produced naturally onsite, expressed as percentage of the total area of measurement. At least ninety-five percent
(95%) of the species present must be species listed in the revegetation plan. (Department of Natural Resources; 310 IAC 12-0.5-
53; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1143, eff May 1, 1991)

310 IAC 12-0.5-54   "Ground water" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 54. "Ground water" means subsurface water that fills available openings in rock or soil materials to the extent that
they are considered water saturated. (Department of Natural Resources; 310 IAC 12-0.5-54; filed Feb 16, 1990, 5:00 p.m.: 13
IR 1143, eff May 1, 1991)

310 IAC 12-0.5-55   "Half-shrub" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 55. "Half-shrub" means a perennial plant with a woody base whose annually produced stems die each year.
(Department of Natural Resources; 310 IAC 12-0.5-55; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1143, eff May 1, 1991)

310 IAC 12-0.5-56   "Head-of-hollow fill" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 56. "Head-of-hollow fill" means a fill structure consisting of any material, other than a coal processing waste and
organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest
point are greater than twenty (20) degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the
fill is greater than ten (10) degrees. In fills with less than two hundred fifty thousand (250,000) cubic yards of material,
associated with steep slope mining, the top surface of the fill will be at the elevation of the coal seam. In all other head-of-hollow
fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line and no
significant area of natural drainage occurs above the fill draining into the fill areas. (Department of Natural Resources; 310 IAC
12-0.5-56; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1143, eff May 1, 1991)

310 IAC 12-0.5-57   "High level management" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 57. "High level management" means that the following agronomic practices must be implemented:
     (1) Using cropping systems that help maintain good tilth and high organic matter content.
     (2) Controlling erosion through conservation and water management practices so that the quality of the soil is
     maintained or improved rather than reduced.
     (3) Applying lime and fertilizer in accordance with soil test recommendations of the state agricultural experiment
     station for targeted yields of reference crops.
     (4) Using crop residue to the fullest extent practicable to protect and improve the soil.
     (5) Following conservation tillage practices where needed to reduce the hazards of soil compaction and erosion.
     (6) Using only the crop varieties that are adapted to the climate and the soil.
     (7) Controlling weeds, plant diseases, and harmful insects by currently accepted management techniques.
     (8) Draining wet areas using surface or subsurface drainage systems so that excess water on or in the soil does not
     restrict yields of adapted crops.
(Department of Natural Resources; 310 IAC 12-0.5-57; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1143, eff May 1, 1991)

310 IAC 12-0.5-58   "Highwall" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 58. "Highwall" means the face of exposed overburden and coal in an open cut of a surface coal mining activity or
for entry to underground mining activities. (Department of Natural Resources; 310 IAC 12-0.5-58; filed Feb 16, 1990, 5:00
p.m.: 13 IR 1143, eff May 1, 1991)

310 IAC 12-0.5-59   "Historic lands" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 59. "Historic lands" means, for the purposes of this article, areas containing historic, cultural, or scientific
resources. Examples of historic lands include the following:
     (1) Archeological sites.
     (2) National historic landmark sites.
     (3) Properties listed on, or eligible for listing on, the Indiana state register of historic sites and structures or the National
     Register of Historic Places.
     (4) Sites having religious or cultural significance to native Americans or religious groups.
     (5) Properties for which historic designation is pending.
(Department of Natural Resources; 310 IAC 12-0.5-59; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1143; errata filed Jun 12, 1990,
5:00 p.m.: 13 IR 2002; filed Dec 1, 1992, 5:00 p.m.: 16 IR 1026, eff Apr 1, 1993)

310 IAC 12-0.5-60   "Historically used for cropland" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 60. "Historically used for cropland" means:
     (1) lands that have been used for cropland for any five (5) years or more out of the ten (10) years immediately preceding
     the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through
     resale, lease, or option the conduct of surface coal mining and reclamation operations;
     (2) lands that the director determines, on the basis of additional cropland history of the surrounding lands and the lands
     under consideration, that the permit area is clearly cropland but falls outside the specific 5-years-in-10 criterion, in
     which case the regulations for prime farmland may be applied to include more years of cropland history only to increase
     the prime farmland acreage to be preserved; or
     (3) lands that would likely have been used as cropland for any five (5) out of the last ten (10) years, immediately
     preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the
     land.
(Department of Natural Resources; 310 IAC 12-0.5-60; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1144, eff May 1, 1991)

310 IAC 12-0.5-61   "Hydrologic balance" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 61. "Hydrologic balance" means the relationship between the quality and quantity of water inflow to water outflow
from and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the
dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage. (Department
of Natural Resources; 310 IAC 12-0.5-61; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1144, eff May 1, 1991)

310 IAC 12-0.5-62   "Hydrologic regime" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 62. "Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate
and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as
precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and
transpiration. (Department of Natural Resources; 310 IAC 12-0.5-62; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1144, eff May 1,
1991)

310 IAC 12-0.5-63   "Imminent danger to the health and safety of the public" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 63. "Imminent danger to the health and safety of the public" means the existence of a condition or practice, or a
violation of a permit or another requirement of IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1,
1995.] in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical
harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of
death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the
peril, would avoid exposure to the danger during the time necessary for abatement. (Department of Natural Resources; 310 IAC
12-0.5-63; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1144, eff May 1, 1991)

310 IAC 12-0.5-64   "Impounding structure" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 64. "Impounding structure" means a dam, embankment, or other structure used to impound water, slurry, or
another liquid or semiliquid material. (Department of Natural Resources; 310 IAC 12-0.5-64; filed Feb 16, 1990, 5:00 p.m.: 13
IR 1144, eff May 1, 1991)

310 IAC 12-0.5-65   "Impoundment" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 65. "Impoundment" means a closed basin, naturally formed or artificially built, which is dammed or excavated for
the retention of water, sediment, or waste. (Department of Natural Resources; 310 IAC 12-0.5-65; filed Feb 16, 1990, 5:00 p.m.:
13 IR 1144, eff May 1, 1991)

310 IAC 12-0.5-66   "Industrial/commercial" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 66. "Industrial/commercial" means land used for:
     (1) Extraction or transformation of materials for the fabrication of products, and includes all heavy and light
     manufacturing facilities, such as:
          (A) lumber and wood processing;
          (B) chemical manufacturing;
          ( C) petroleum refining; and
          (D) fabricated metal products manufacturing.
     Land used for facilities in support of an operation, which is adjacent to or an integral part of the operation, is also
     included. Support facilities include all rail, road, and other transportation facilities.
     (2) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial
     establishments. Land used for facilities in support of a commercial operation, which is adjacent to or an integral part of
     the operation, is also included. Support facilities include parking, storage, or shipping facilities.
(Department of Natural Resources; 310 IAC 12-0.5-66; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1144, eff May 1, 1991)

310 IAC 12-0.5-67   "In situ process" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 67. "In situ process" means an activity conducted on the surface or underground in connection with inplace
distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ
gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining. (Department of
Natural Resources; 310 IAC 12-0.5-67; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1145, eff May 1, 1991)

310 IAC 12-0.5-68   "Intermittent stream" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 68. "Intermittent stream" means:
     (1) a stream or reach of a stream that drains a watershed of at least one (1) square mile; or
     (2) a stream or reach of a stream that is below the local water table for at least some part of the year and obtains its flow
     from both surface runoff and ground water discharge.
(Department of Natural Resources; 310 IAC 12-0.5-68; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1145, eff May 1, 1991)

310 IAC 12-0.5-69   "Irreparable damage to the environment" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 69. "Irreparable damage to the environment" means any damage to the environment that cannot be or has not been
corrected by actions of the applicant. (Department of Natural Resources; 310 IAC 12-0.5-69; filed Feb 16, 1990, 5:00 p.m.: 13
IR 1145, eff May 1, 1991)

310 IAC 12-0.5-70   "Land occasionally cut for hay" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 70. "Land occasionally cut for hay" means pastureland. (Department of Natural Resources; 310 IAC 12-0.5-70;
filed Feb 16, 1990, 5:00 p.m.: 13 IR 1145, eff May 1, 1991)

310 IAC 12-0.5-71   "Land use" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 71. "Land use" means a specific use or management-related activity, rather than the vegetation or cover of the land.
Land uses may be identified in combination when joint or seasonal uses occur. The categories of land use are cropland,
developed water resource, fish and wildlife habitat, forestry, industrial/commercial, pastureland (or land occasionally cut for
hay), recreation, residential, and undeveloped land. Changes of land use or uses from one (1) of these categories to another is a
change to an alternative land use which is subject to approval by the director. (Department of Natural Resources; 310 IAC 12-
0.5-71; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1145, eff May 1, 1991; errata filed May 11, 1995, 6:00 p.m.: 18 IR 2413, eff Oct 1,
1995)

310 IAC 12-0.5-72   "Litter" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 72. "Litter" means the detached recognizable portions of the plants under evaluation that cover the ground surface.
(Department of Natural Resources; 310 IAC 12-0.5-72; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1145, eff May 1, 1991)

310 IAC 12-0.5-72.1      "Material damage" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34; 30 CFR 701.5

     Sec. 72.1. "Material damage", in the context of 310 IAC 12-3-87.1 and 310 IAC 12-5-130.1, means:
     (1) any functional impairment of surface lands, features, structures, or facilities;
     (2) any physical change that has a significant adverse impact on the affected land's capability to support any current or
     reasonably foreseeable uses or causes significant loss in production or income; or
     (3) any significant change in the condition, appearance, or utility of any structure or facility from its presubsidence
     condition.
(Department of Natural Resources; 310 IAC 12-0.5-72.1; filed Mar 27, 1997, 11:15 a.m.: 20 IR 2099, eff Apr 1, 1998)

310 IAC 12-0.5-72.5      "Mining area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 72.5. "Mining area" means, for the purposes of 310 IAC 12-1-5 through 310 IAC 12-1-12, an individual
excavation site or pit from which coal, other minerals, and overburden are removed. (Department of Natural Resources; 310 IAC
12-0.5-72.5; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2143, eff Nov 1, 1993)

310 IAC 12-0.5-72.6      "MSHA" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 72.6. "MSHA" means the Mine Safety and Health Administration. (Department of Natural Resources; 310 IAC
12-0.5-72.6; filed Dec 15, 1993, 5:00 p.m.: 17 IR 980, eff Jul 1, 1994)

310 IAC 12-0.5-73   "Mulch" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 73. "Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture
conservation, thus providing microclimatic conditions suitable for germination and growth. (Department of Natural Resources;
310 IAC 12-0.5-73; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1145, eff May 1, 1991)

310 IAC 12-0.5-74   "Native species" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 74. "Native species" means species previously introduced and adapted in the general vicinity of the coal producing
region in Indiana. (Department of Natural Resources; 310 IAC 12-0.5-74; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1145, eff May 1,
1991)

310 IAC 12-0.5-75   "Natural hazard lands" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 75. "Natural hazard lands" means, for the purposes of 310 IAC 12-2-3 through 310 IAC 12-2-5, geographic area in
which natural conditions exist which pose or, as a result of surface coal mining operations, may pose a threat to the health, safety,
or welfare of people, property, or the environment, including areas subject to landslides, cave-ins, large or encroaching sand
dunes, severe wind or soil erosion, frequent flooding, avalanches, and areas of unstable geology. (Department of Natural
Resources; 310 IAC 12-0.5-75; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1146, eff May 1, 1991)

310 IAC 12-0.5-75.5      "Noncommercial building" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34; 30 CFR 701.5

     Sec. 75.5. "Noncommercial building" means any building other than an occupied residential dwelling that at the time
the subsidence occurs is used on a regular or temporary basis as a public building or community or institutional building, as those
terms are defined under sections 29 and 95 of this rule. Any building used only for commercial agricultural, industrial, retail, or
other commercial enterprises is excluded. (Department of Natural Resources; 310 IAC 12-0.5-75.5; filed Mar 27, 1997, 11:15
a.m.: 20 IR 2099, eff Apr 1, 1998)

310 IAC 12-0.5-76   "Noxious weeds" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 76. "Noxious weeds" means species that have been included on official Indiana lists of noxious weeds.
(Department of Natural Resources; 310 IAC 12-0.5-76; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1146, eff May 1, 1991)

310 IAC 12-0.5-77   "Occupied dwelling" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 77. "Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human
habitation. (Department of Natural Resources; 310 IAC 12-0.5-77; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1146, eff May 1, 1991)

310 IAC 12-0.5-77.5      "Occupied residential dwelling and structures related thereto" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34; 30 CFR 701.5

     Sec. 77.5. "Occupied residential dwelling and structures related thereto" means, for purposes of 310 IAC 12-3-87.1 and
310 IAC 12-5-130.1, any building or other structure that, at the time the subsidence occurs is used either temporarily,
occasionally, seasonally, or permanently for human habitation. This term also includes any building, structure, or facility
installed on, above, below, or in a combination thereof, the land surface if that building, structure, or facility is adjunct to or used
in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, the following:
     (1) Garages.
     (2) Storage sheds and barns.
     (3) Greenhouses and related buildings.
     (4) Utilities and cables.
     (5) Fences and other enclosures.
     (6) Retaining walls.
     (7) Paved or improved patios.
     (8) Walks and driveways.
     (9) Septic sewage treatment facilities.
     (10) Lot drainage and lawn and garden irrigation systems.
Any structure used only for commercial agricultural, industrial, retail, or other commercial purposes is excluded. (Department of
Natural Resources; 310 IAC 12-0.5-77.5; filed Mar 27, 1997, 11:15 a.m.: 20 IR 2099, eff Apr 1, 1998)

310 IAC 12-0.5-78   "Operator" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 78. "Operator" means any person, partnership, or corporation engaged in coal mining who removes or intends to
remove more than two hundred fifty (250) tons of coal from the earth or from coal refuse piles by coal mining within twelve (12)
consecutive calendar months in any one (1) location. (Department of Natural Resources; 310 IAC 12-0.5-78; filed Feb 16, 1990,
5:00 p.m.: 13 IR 1146, eff May 1, 1991)

310 IAC 12-0.5-78.5      "Other minerals" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 78.5. "Other minerals" means, for the purpose of 310 IAC 12-1-5 through 310 IAC 12-1-12, any commercially
valuable substance mined for its mineral value, excluding coal, topsoil, waste, and fill material. (Department of Natural
Resources; 310 IAC 12-0.5-78.5; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2143, eff Nov 1, 1993)

310 IAC 12-0.5-78.7      "Other treatment facilities" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 78.7. "Other treatment facilities" means any chemical treatments, such as flocculation or neutralization, or
mechanical structures, such as clarifiers or precipitators, that have a point source discharge and that are utilized to prevent
additional contributions of dissolved or suspended solids to stream flow or run-off outside the permit area, or to comply with all
applicable state and federal water quality laws and regulations. (Department of Natural Resources; 310 IAC 12-0.5-78.7; filed
Nov 15, 1995, 12:00 p.m.: 19 IR 615, eff Dec 1, 1996)

310 IAC 12-0.5-79   "Outslope" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 79. "Outslope" means the face of the spoil or embankment sloping downward from the highest elevation to the toe.
(Department of Natural Resources; 310 IAC 12-0.5-79; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1146, eff May 1, 1991)

310 IAC 12-0.5-80   "Overburden" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 80. "Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit,
excluding topsoil. (Department of Natural Resources; 310 IAC 12-0.5-80; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1146, eff May 1,
1991)

310 IAC 12-0.5-80.5      "Owned or controlled" and "owns or controls" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 80.5. (a) "Owned or controlled" and "owns or controls" means any one (1) or a combination of the relationships
specified in the following and subsection (b):
     (1) A permittee of a surface coal mining operation.
     (2) Based on instruments of ownership or voting securities, owning of record in excess of fifty percent (50%) of a
     person.
     (3) Any other relationship which gives one (1) person authority, directly or indirectly, to determine the manner in which
     an applicant, an operator, or other person conducts surface coal mining operations.
     (b) The following relationships are presumed to constitute ownership or control unless a person can demonstrate that the
person subject to the presumption does not, in fact, have the authority directly or indirectly to determine the manner in which the
surface coal mining operation is conducted:
     (1) An officer or director of the person.
     (2) The operator of a surface coal mining operation.
     (3) An ability to commit the financial or real property assets or working resources of a person.
     (4) A general partner in a partnership.
     (5) Based on the instruments of ownership or the voting securities of a corporation, ownership of record of ten percent
     (10%) through fifty percent (50%) of the corporation.
     (6) Ownership or control of coal to be mined by another person under a lease, sublease, or other contract where there is
     a right to receive the coal after mining or authorization to determine the manner in which that person or another person
     conducts a surface coal mining operation.
(Department of Natural Resources; 310 IAC 12-0.5-80.5; filed Dec 15, 1993, 5:00 p.m.: 17 IR 980, eff Jul 1, 1994)

310 IAC 12-0.5-81   "Pastureland" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 81. "Pastureland" means land used primarily for the long term production of adapted, domesticated forage plants to
be grazed by livestock or occasionally cut and cured for livestock feed or hay. Land used for facilities in support of pastureland
or land occasionally cut for hay, which is adjacent to or an integral part of the operation, is also included. (Department of
Natural Resources; 310 IAC 12-0.5-81; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1146, eff May 1, 1991)

310 IAC 12-0.5-82   "Perennial stream" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 82. "Perennial stream" means a stream or part of a stream that flows continuously during all of the calendar year as
a result of ground water discharge or surface runoff. The term does not include an intermittent stream or ephemeral stream.
(Department of Natural Resources; 310 IAC 12-0.5-82; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1146, eff May 1, 1991)

310 IAC 12-0.5-83   "Performance bond" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 84. "Performance bond" means a surety bond, certificate of deposit, letter of credit, cash, or a combination of
thereof, by which a permittee assures faithful performance of all the requirements of IC 13-4.1 [IC 13-4.1 was repealed by
P.L.1-1995, SECTION 91, effective July 1, 1995.], this article, and the requirements of the permit and reclamation plan.
(Department of Natural Resources; 310 IAC 12-0.5-83; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1146, eff May 1, 1991)

310 IAC 12-0.5-84   "Permanent diversion" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 84. "Permanent diversion" means a diversion remaining after surface coal mining and reclamation operations are
completed which has been approved for retention by the director and other appropriate state agencies. (Department of Natural
Resources; 310 IAC 12-0.5-84; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1146, eff May 1, 1991)

310 IAC 12-0.5-85   "Permanent impoundment" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 85. "Permanent impoundment" means an impoundment which is approved by the director in the approved permit
and, if required, by other state and federal agencies for retention as part of the postmining land use. (Department of Natural
Resources; 310 IAC 12-0.5-85; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1147, eff May 1, 1991; errata filed May 11, 1995, 6:00
p.m.: 18 IR 2413, eff Oct 1, 1995)

310 IAC 12-0.5-86   "Permit" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 86. "Permit" means a permit to conduct surface coal mining and reclamation operations (approved by the director
or the director's delegate) under IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.] and
this article. (Department of Natural Resources; 310 IAC 12-0.5-86; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1147, eff May 1, 1991;
errata filed May 11, 1995, 6:00 p.m.: 18 IR 2413, eff Oct 1, 1995)

310 IAC 12-0.5-87   "Permit area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 87. "Permit area" means the area of land and water within the boundaries of the permit which are designated on the
permit application maps, as approved by the director. The permit area includes all areas which are or will be affected by the
surface coal mining and reclamation operations during the term of the permit. (Department of Natural Resources; 310 IAC 12-
0.5-87; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1147, eff May 1, 1991; errata filed May 11, 1995, 6:00 p.m.: 18 IR 2413, eff Oct 1,
1995)

310 IAC 12-0.5-88   "Permittee" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 88. "Permittee" means a person holding or required by IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-1995,
SECTION 91, effective July 1, 1995.] to hold a permit to conduct surface coal mining and reclamation operations issued by the
department under this article and the regulatory program. (Department of Natural Resources; 310 IAC 12-0.5-88; filed Feb 16,
1990, 5:00 p.m.: 13 IR 1147, eff May 1, 1991)

310 IAC 12-0.5-89   "Person" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 89. "Person" means an individual, partnership, association, society, joint venture, joint stock company, firm,
company, corporation, cooperative, or other business organization and any agency, unit, or instrumentality of federal, state, or
local government including any publicly owned utility or publicly owned corporation of federal, state, or local government.
(Department of Natural Resources; 310 IAC 12-0.5-89; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1147, eff May 1, 1991)

310 IAC 12-0.5-90   "Person having an interest, which is or may be adversely affected or person with a valid legal interest
                    construed" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 90. "Person having an interest, which is or may be adversely affected or person with a valid legal interest" includes
any person:
     (1) who uses any resources of economic, recreational, aesthetic, or environmental value that may be adversely affected
     by coal exploration or surface coal mining and reclamation operations or any related action of the state; or
     (2) whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation
     operations or any related action of the state.
(Department of Natural Resources; 310 IAC 12-0.5-90; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1147, eff May 1, 1991)

310 IAC 12-0.5-90.5      "Pipeline" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 90.5. (a) "Pipeline" means the physical facilities through which petroleum, natural gas, or another hazardous
product is transported where:
     (1) pipe is used which has a nominal diameter of at least six (6) inches; or
     (2) operations occur at a pressure of more than two hundred seventy-five (275) pounds per square inch.
     (b) A pipeline also includes compressor units, metering stations, holders, fabricated assemblies, and the valves and
other appurtenances attached to the pipe. (Department of Natural Resources; 310 IAC 12-0.5-90.5; filed Apr 30, 1990, 3:55
p.m.: 13 IR 1647, eff Nov 1, 1993)

310 IAC 12-0.5-91   "Precipitation event" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 91. "Precipitation event" means a quantity of water resulting from drizzle, rain, snow, emanating from snow cover
as snowmelt, sleet, or hail in a limited period of time. The term may be expressed according to a recurrence interval.
(Department of Natural Resources; 310 IAC 12-0.5-91; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1147, eff May 1, 1991)

310 IAC 12-0.5-91.5      "Previously mined area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 91.5. "Previously mined area" means land affected by surface coal mining operations prior to August 3, 1977, that
has not been reclaimed to the standards of this article. (Department of Natural Resources; 310 IAC 12-0.5-91.5; filed Dec 1,
1992, 5:00 p.m.: 16 IR 1036, eff Oct 1, 1993; filed Nov 15, 1995, 12:00 p.m.: 19 IR 615, eff Dec 1, 1996; errata filed Feb 29,
1996, 3:00 p.m.: 19 IR 1567)

310 IAC 12-0.5-92   "Prime farmland" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 92. "Prime farmland" means those lands which are defined by the U.S. Secretary of Agriculture and which have
historically been used for cropland. (Department of Natural Resources; 310 IAC 12-0.5-92; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1147, eff May 1, 1991)

310 IAC 12-0.5-93   "Principal shareholder" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 93. "Principal shareholder" means any person who is of record the beneficial owner of ten percent (10%) or more
of any class of voting stock. (Department of Natural Resources; 310 IAC 12-0.5-93; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1148,
eff May 1, 1991)

310 IAC 12-0.5-94   "Property to be mined" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 94. "Property to be mined" means both the surface and mineral estates on and underneath lands which are within
the permit area. (Department of Natural Resources; 310 IAC 12-0.5-94; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1148, eff May 1,
1991)

310 IAC 12-0.5-95   "Public building" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 95. "Public building" means a structure that is owned by a public agency or used principally for public business
meetings or other group gatherings. (Department of Natural Resources; 310 IAC 12-0.5-95; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1148, eff May 1, 1991)

310 IAC 12-0.5-96   "Public office" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 96. "Public office" means a facility under the direction and control of a governmental entity which is open to
public access on a regular basis during reasonable business hours. (Department of Natural Resources; 310 IAC 12-0.5-96; filed
Feb 16, 1990, 5:00 p.m.: 13 IR 1148, eff May 1, 1991)

310 IAC 12-0.5-97   "Public park" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 97. "Public park" means an area dedicated or designated by any federal, Indiana, or local agency for public
recreational use, whether or not such use is limited to certain times or days, including any land leased, reserved, or held open to
the public because of that use. (Department of Natural Resources; 310 IAC 12-0.5-97; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1148, eff May 1, 1991)

310 IAC 12-0.5-98   "Public road" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 98. "Public road" means a thoroughfare open to the public for passage of vehicles which is owned or maintained
by a federal, state, or local agency. (Department of Natural Resources; 310 IAC 12-0.5-98; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1148, eff May 1, 1991)

310 IAC 12-0.5-99   "Randomly located" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 99. "Randomly located" means the selection of a location that is statistically independent of all previous and future
location selections. (Department of Natural Resources; 310 IAC 12-0.5-99; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1148, eff May
1, 1991)

310 IAC 12-0.5-100  "Recharge capacity" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 100. "Recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff
to infiltrate and reach the zone of saturation. (Department of Natural Resources; 310 IAC 12-0.5-100; filed Feb 16, 1990, 5:00
p.m.: 13 IR 1148, eff May 1, 1991)

310 IAC 12-0.5-101  "Reclamation" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 101. "Reclamation" means those actions taken to restore mined land, as required by IC 13-4.1 [IC 13-4.1 was
repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.] and this article, to a postmining land use approved by the
director. (Department of Natural Resources; 310 IAC 12-0.5-101; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1148, eff May 1, 1991;
errata filed May 11, 1995, 6:00 p.m.: 18 IR 2413, eff Oct 1, 1995, eff Oct 1, 1995)

310 IAC 12-0.5-102  "Recreation" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 102. "Recreation" means land used for public or private leisure-time use, including developed recreation facilities
such as parks, camps, and amusement areas as well as areas for less intensive uses such as hiking, canoeing, and other
undeveloped recreational uses. (Department of Natural Resources; 310 IAC 12-0.5-102; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1148, eff May 1, 1991)

310 IAC 12-0.5-103  "Recurrence interval" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 103. "Recurrence interval" means the interval of time in which a precipitation event is expected to occur once, on
the average. (Department of Natural Resources; 310 IAC 12-0.5-103; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1148, eff May 1,
1991)

310 IAC 12-0.5-104  "Reference area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 104. "Reference area" means a land unit maintained under appropriate management for the purpose of measuring
vegetation ground cover, productivity, and plant species diversity that are produced naturally or by crop production methods. A
reference area must be representative of geology, soil, slope, and vegetation in the permit area. (Department of Natural
Resources; 310 IAC 12-0.5-104; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1149, eff May 1, 1991)

310 IAC 12-0.5-105  "Refuse pile" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 105. "Refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or another
liquid or semiliquid material. (Department of Natural Resources; 310 IAC 12-0.5-105; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1149, eff May 1, 1991)

310 IAC 12-0.5-106  "Regional director" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 106. "Regional director" means a regional director of the U.S. Department of Interior, Office of Surface Mining or
a regional director's representative. (Department of Natural Resources; 310 IAC 12-0.5-106; filed Feb 16, 1990, 5:00 p.m.: 13
IR 1149, eff May 1, 1991)

310 IAC 12-0.5-107  "Renewable resource lands" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 107. "Renewable resource lands" means aquifers and areas for the recharge of aquifers and other underground
waters and areas for agricultural and silvicultural production of food and fiber. (Department of Natural Resources; 310 IAC 12-
0.5-107; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1149, eff May 1, 1991)

310 IAC 12-0.5-107.5     "Replacement of water supply" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34; 30 CFR 701.5

     Sec. 107.5. (a) "Replacement of water supply" means, with respect to protected water supplies contaminated,
diminished, or interrupted by surface or underground coal mining operations, provision of water supply on both a temporary and
permanent basis equivalent to premining quantity and quality. Replacement includes provision of an equivalent water delivery
system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining
water supplies.
     (b) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance
costs may be satisfied by a one (1) time payment in an amount that covers the present worth of the increased annual operation
and maintenance costs for a period agreed to by the permittee and the water supply owner.
     (c) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or
diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by
demonstrating that a suitable alternative water source is available and could feasibly be developed. If the layer approach is
selected, written concurrence must be obtained from the water supply owner. (Department of Natural Resources; 310 IAC 12-
0.5-107.5; filed Mar 27, 1997, 11:15 a.m.: 20 IR 2099, eff Apr 1, 1998)

310 IAC 12-0.5-108  "Residential" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 108. "Residential" means land used for single and multiple family housing, mobile home parks, and other
residential lodging. Land used for facilities in support of a residential operation, which is adjacent to or an integral part of the
operation, is also included. Support facilities include vehicle parking and open space that directly relate to the residential use.
(Department of Natural Resources; 310 IAC 12-0.5-108; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1149, eff May 1, 1991)

310 IAC 12-0.5-109  "Road" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 109. "Road" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or
surface coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed,
shoulders, parking and side areas, approaches, structures, ditches, surface, and such contiguous appendages as are necessary for
the total structure. The term includes access and haul roads constructed, used, reconstructed, improved, or maintained for use in
coal exploration or surface coal mining and reclamation operations, including use by coal hauling vehicles leading to transfer,
processing, or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within
spoil or coal mine waste disposal areas. (Department of Natural Resources; 310 IAC 12-0.5-109; filed Feb 16, 1990, 5:00 p.m.:
13 IR 1149, eff May 1, 1991; filed Nov 15, 1995, 12:00 p.m.: 19 IR 615, eff Dec 1, 1996)

310 IAC 12-0.5-109.5     "Rooting media" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 109.5. "Rooting media" means the soil material beneath the topsoil consisting of replaced B horizon, B/C mixture,
or other suitable soil material as determined by the director. (Department of Natural Resources; 310 IAC 12-0.5-109.5; filed
Mar 21, 1995, 2:00 p.m.: 18 IR 1996, eff upon the approval of the Office of Surface Mining and Reclamation of the U.S.
Department of the Interior and notice of that approval being published in the Indiana Register)

310 IAC 12-0.5-110  "Safety factor" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 110. "Safety factor" means the ratio of the available sheer strength to the developed sheer stress or the ratio of the
sum of the resisting forces to the sum of the loading or driving forces as determined by accepted engineering practices.
(Department of Natural Resources; 310 IAC 12-0.5-110; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1149, eff May 1, 1991)

310 IAC 12-0.5-110.5     "Shadow area" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 110.5. "Shadow area" means any area beyond the limits of the permit area in which underground mine workings
are located. This area includes all resources above and below the coal that are protected by IC 13-4.1 [IC 13-4.1 was repealed by
P.L.1-1995, SECTION 91, effective July 1, 1995.] that may be adversely impacted by underground mining operations, including
impacts of subsidence. (Department of Natural Resources; 310 IAC 12-0.5-110.5; filed Mar 21, 1995, 2:00 p.m.: 18 IR 1997, eff
upon the approval of the Office of Surface Mining and Reclamation of the U.S. Department of the Interior and notice of that
approval being published in the Indiana Register)

310 IAC 12-0.5-111  "Shelter belt" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 111. "Shelter belt" means an area used for protection from wind or snow and which is subject to proof-of-
productivity standards for fish and wildlife habitat. (Department of Natural Resources; 310 IAC 12-0.5-111; filed Feb 16, 1990,
5:00 p.m.: 13 IR 1149, eff May 1, 1991)

310 IAC 12-0.5-112  "Significant, imminent environmental harm to land, air, or water resources" construed
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 112. "Significant, imminent environmental harm to land, air, or water resources" is construed as follows:
     (1) "Environmental harm" means an adverse impact on land, air, or water resources (including plant and animal life)
     which is not contemplated by the permit.
     (2) "Imminent" means a condition, practice, or violation which is causing or may reasonably be expected to cause an
     "environmental harm" before the condition or practice can be abated.
     (3) "Significant" means the "environmental harm":
          (A) is more than local in scope;
          (B) when continued, poses a serious environmental hazard to existing land, air, or water resources; and
          ( C) will have a long-lasting, detrimental effect before the end of a reasonable abatement time.
(Department of Natural Resources; 310 IAC 12-0.5-112; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1150, eff May 1, 1991)

310 IAC 12-0.5-113  "Siltation structure" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 113. "Siltation structure" means a primary sediment control structure designed, constructed, and maintained as
required by this article and includes a barrier, dam, or excavated depression which slows water runoff to allow sediment to settle
out. A siltation structure cannot include a secondary sedimentation control structure (such as riprap, a straw dike, check dam,
mulch, dugout, or another measure that reduces overland flow velocity, reduces runoff volume, or traps sediment) to the extent
that the secondary sedimentation structure drains to a siltation structure. (Department of Natural Resources; 310 IAC 12-0.5-
113; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1150, eff May 1, 1991)

310 IAC 12-0.5-114  "Slope" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 114. "Slope" means the average inclination of a surface, measured from the horizontal, generally expressed as the
ratio of a unit of vertical distance to a given number of units of horizontal distance (Example: 1v:5h=20%=11.3 degrees).
(Department of Natural Resources; 310 IAC 12-0.5-114; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1150, eff May 1, 1991)

310 IAC 12-0.5-115  "Soil horizon" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 115. "Soil horizon" means each contrasting layer of soil parallel or nearly parallel to the land surface. Each soil
horizon is differentiated on the basis of field characteristics and laboratory data. The three (3) major soil horizons are the A
horizon, the B horizon, and the C horizon. (Department of Natural Resources; 310 IAC 12-0.5-115; filed Feb 16, 1990, 5:00
p.m.: 13 IR 1150, eff May 1, 1991)

310 IAC 12-0.5-116  "Soil productivity" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 116. "Soil productivity" means the capacity of a soil for producing a specified plant or sequence of plants under a
physically defined set of management practices. (Department of Natural Resources; 310 IAC 12-0.5-116; filed Feb 16, 1990,
5:00 p.m.: 13 IR 1150, eff May 1, 1991)

310 IAC 12-0.5-117  "Soil survey" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 117. "Soil survey" means a field and other investigation resulting in a map showing the geographic distribution of
different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. A soil survey must
meet the standards of the National Cooperative Soil Survey. (Department of Natural Resources; 310 IAC 12-0.5-117; filed Feb
16, 1990, 5:00 p.m.: 13 IR 1150, eff May 1, 1991)

310 IAC 12-0.5-118  "Spoil" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 118. "Spoil" means overburden that has been removed during a surface coal mining operation. (Department of
Natural Resources; 310 IAC 12-0.5-118; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1150, eff May 1, 1991)

310 IAC 12-0.5-119  "Stabilize" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 119. "Stabilize" means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the
geometry of the mass or by otherwise modifying physical or chemical properties, such as by providing a protective surface
coating. (Department of Natural Resources; 310 IAC 12-0.5-119; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1150, eff May 1, 1991)

310 IAC 12-0.5-120  "Steep slope" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 120. "Steep slope" means any slope of more than twenty (20) degrees or such lesser slope as may be designated by
the director after consideration of soil, climate, and other characteristics of a region. (Department of Natural Resources; 310 IAC
12-0.5-120; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1151, eff May 1, 1991)

310 IAC 12-0.5-121  "Subsoil" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 121. "Subsoil" means the B horizon. (Department of Natural Resources; 310 IAC 12-0.5-121; filed Feb 16, 1990,
5:00 p.m.: 13 IR 1151, eff May 1, 1991)

310 IAC 12-0.5-122  "Substantial legal and financial commitments in a surface coal mining operation" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 122. "Substantial legal and financial commitments in a surface coal mining operation" means, for the purpose of
310 IAC 12-2-3 through 310 IAC 12-2-5, significant investments that have been made on the basis of a long term coal contract
in power plants, railroads, coal-handling, preparation, extraction or storage facilities, and other capital-intensive activities. An
example is an existing mine not actually producing coal but in a substantial stage of development prior to production. Costs of
acquiring the coal in place or of the right to mine it without an existing mine, as described in this example, alone are not
sufficient to constitute substantial legal and financial commitments. (Department of Natural Resources; 310 IAC 12-0.5-122;
filed Feb 16, 1990, 5:00 p.m.: 13 IR 1151, eff May 1, 1991)

310 IAC 12-0.5-122.5     "Substantially disturb" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 122.5. "Substantially disturb" means, for purposes of coal exploration, any one (1) or any combination of one (1)
or more of the following:
     (1) To significantly impact land or water resources by blasting.
     (2) The removal of vegetation, topsoil, or overburden.
     (3) The construction of roads or other access routes.
     (4) The placement of excavated earth or waste material on the natural land surface or by other such activities.
     (5) The removal of more than two hundred fifty (250) tons of coal.
(Department of Natural Resources; 310 IAC 12-0.5-122.5; filed Mar 21, 1995, 2:00 p.m.: 18 IR 1997, eff upon the approval of
the Office of Surface Mining and Reclamation of the U.S. Department of the Interior and notice of that approval being
published in the Indiana Register)

310 IAC 12-0.5-123  "Support facility" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 123. (a) "Support facility" means a facility resulting from, or incidental to, an activity identified in section 125(1)
of this rule and the area upon which the facility is located.
     (b) As used in subsection (a), "resulting from or incidental to" connotes an element of proximity to the activity.
     ( c) A support facility includes the following:
     (1) Mine buildings.
     (2) Bath houses.
     (3) Coal loading facilities.
     (4) Coal crushing and sizing facilities.
     (5) Coal storage facilities.
     (6) Equipment and storage facilities.
     (7) Fan buildings.
     (8) Hoist buildings.
     (9) Sheds, shops, and other buildings.
     (10) Facilities used to treat and store water for mine consumption.
     (11) Railroads, surface conveyor systems, chutes, aerial tramways, and other transportation facilities, but not including
     roads.
(Department of Natural Resources; 310 IAC 12-0.5-123; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1151, eff May 1, 1991)

310 IAC 12-0.5-124  "Surface coal mining and reclamation operations" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 124. "Surface coal mining and reclamation operations" means surface coal mining operations and all activities
necessary or incidental to the reclamation of such operations. This term includes the term surface coal mining operations.
(Department of Natural Resources; 310 IAC 12-0.5-124; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1151, eff May 1, 1991)

310 IAC 12-0.5-125  "Surface coal mining operation" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 125. "Surface coal mining operation" means the following:
     (1) An activity conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements
     of IC 13-4.1-9 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.], surface operations and
     surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which
     directly or indirectly affect interstate commerce. These activities include the following:
          (A) Excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger,
          hilltop removal, box cut, open pit, and area mining.
          (B) The extraction of coal from a coal refuse pile.
          ( C) The use of explosives and blasting.
          (D) In situ distillation or retorting.
          (E) Coal preparation.
          (F) The loading of coal for interstate commerce at or near the minesite.
     (2) Areas upon which the activities described in subdivision (1) occur or where those activities disturb the natural land
     surface. These areas shall also include any adjacent land the use of which is incidental to any such activities, all lands
     affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of those
     activities and for haulage and excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks,
     dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas,
     processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or material
     on the surface, resulting from or incident to those activities.
     (3) Exempted from the meaning of surface coal mining operations are the following activities:
          (A) The extraction of coal incidental to the extraction of other minerals, where coal does not exceed sixteen
          and two-thirds percent (16 2/3%) of the tonnage of minerals removed for purposes of commercial use or sale.
          (B) Coal exploration which is subject to IC 13-4.1-7 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91,
          effective July 1, 1995.].
(Department of Natural Resources; 310 IAC 12-0.5-125; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1151, eff May 1, 1991)

310 IAC 12-0.5-126  "Surface coal mining operations which exist on the date of enactment" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 126. "Surface coal mining operations which exist on the date of enactment" means, for the purposes of 310 IAC
12-2-1 through 310 IAC 12-2-2, all surface mining operations which were being conducted on August 3, 1977. (Department of
Natural Resources; 310 IAC 12-0.5-126; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1152, eff May 1, 1991)

310 IAC 12-0.5-127  "Surface mining activities" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 127. "Surface mining activities" means those surface coal mining and reclamation operations incident to the
extraction of coal from the earth by removing the material over a coal seam, before recovering the coal, by auger coal mining, or
by recovery of coal from a deposit that is not in its original geologic location. (Department of Natural Resources; 310 IAC 12-
0.5-127; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1152, eff May 1, 1991)

310 IAC 12-0.5-128  "Surface soil" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 128. "Surface soil" means the A horizon. (Department of Natural Resources; 310 IAC 12-0.5-128; filed Feb 16,
1990, 5:00 p.m.: 13 IR 1152, eff May 1, 1991)

310 IAC 12-0.5-129  "Suspended solids or nonfilterable residue expressed as milligrams per liter" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 129. "Suspended solids or nonfilterable residue expressed as milligrams per liter" means organic or inorganic
materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by 40
C.F.R. 136. (Department of Natural Resources; 310 IAC 12-0.5-129; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1152, eff May 1,
1991)

310 IAC 12-0.5-130  "Temporary diversion" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34
      Sec. 130. "Temporary diversion" means a diversion of a stream or overland flow which is used during coal exploration
or surface coal mining and reclamation operations and not approved by the director to remain after reclamation as part of the
approved postmining land use. (Department of Natural Resources; 310 IAC 12-0.5-130; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1152, eff May 1, 1991)

310 IAC 12-0.5-131  "Temporary impoundment" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34
      Sec. 131. "Temporary impoundment" means an impoundment used during a surface coal mining and reclamation
operation but not approved by the director in the approved permit to remain as part of the approved postmining land use.
(Department of Natural Resources; 310 IAC 12-0.5-131; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1152, eff May 1, 1991; errata
filed May 11, 1995, 6:00 p.m.: 18 IR 2413)

310 IAC 12-0.5-132  "Ton" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 132. "Ton" means two thousand (2,000) pounds avoirdupois (ninety thousand seven hundred eighteen-hundred
thousandths (.90718) metric ton). (Department of Natural Resources; 310 IAC 12-0.5-132; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1152, eff May 1, 1991)

310 IAC 12-0.5-133  "Topsoil" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 133. "Topsoil" means the A soil horizon layer of the three (3) major soil horizons. (Department of Natural
Resources; 310 IAC 12-0.5-133; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1153, eff May 1, 1991)

310 IAC 12-0.5-134  "Toxic-forming materials" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 134. "Toxic-forming materials" means earth materials or wastes which, if acted upon by air, water, weathering, or
microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or
uses of water. (Department of Natural Resources; 310 IAC 12-0.5-134; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1153, eff May 1,
1991)

310 IAC 12-0.5-135  "Toxic mine drainage" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 135. "Toxic mine drainage" means water that is discharged from active or abandoned mines or other areas affected
by coal exploration or surface coal mining and reclamation operations which contains a substance that through chemical action
or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it. (Department
of Natural Resources; 310 IAC 12-0.5-135; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1153, eff May 1, 1991)

310 IAC 12-0.5-136  "Underground development waste" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 136. "Underground development waste" means waste rock mixtures of coal, shale, claystone, siltstone, sandstone,
limestone, or related materials that are excavated, moved, and disposed of during development and preparation of areas incident
to underground mining activities. (Department of Natural Resources; 310 IAC 12-0.5-136; filed Feb 16, 1990, 5:00 p.m.: 13 IR
1153, eff May 1, 1991)

310 IAC 12-0.5-137  "Underground mining activities" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 137. "Underground mining activities" means a combination of the following:
     (1) Surface operations incident to underground extraction of coal or in situ processing, such as construction, use,
     maintenance, and reclamation of roads, aboveground repair areas, storage areas, processing areas, shipping areas, areas
     upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the disposal and storage of
     waste, and areas on which materials incident to underground mining operations are placed.
     (2) Underground operations such as underground construction, operation, and reclamation of shafts, adits, underground
     support facilities, in situ processing, and underground mining, hauling, storage, and blasting.
(Department of Natural Resources; 310 IAC 12-0.5-137; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1153, eff May 1, 1991; errata
filed Jun 12, 1990, 5:00 p.m.: 13 IR 2002)

310 IAC 12-0.5-138  "Undeveloped landÄno current use or land management" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 138. "Undeveloped landÄno current use or land management" means land that is undeveloped or, if previously
developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through
natural succession. (Department of Natural Resources; 310 IAC 12-0.5-138; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1153, eff May
1, 1991)

310 IAC 12-0.5-139  "Valid existing rights" defined and construed
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 139. (a) "Valid existing rights" means, for the purposes of 310 IAC 12-1-1, 310 IAC 12-2-1, and 310 IAC 12-2-5
the following:
     (1) Except for haul roads:
          (A) those property rights in existence on August 3, 1977, that were created by a legally binding conveyance,
          lease, deed, contract, or other document which authorized the applicant to conduct surface coal mining
          operations; and
          (B) the person proposing to conduct surface coal mining operations on such lands:
               (i) had been validly issued or exercised good faith effort to obtain, on or before August 3, 1977, all
               state and federal permits necessary to conduct operations on those lands;
               (ii) can demonstrate to the director that the coal is both needed for and immediately adjacent to, an
               ongoing surface mining operation for which all permits were obtained prior to August 3, 1977; or
               (iii) can demonstrate that the operation was in existence or operation at the time an area became
               protected under IC 13-4.1-14-1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July
               1, 1995.] or at the time of the coming into existence, within the prohibited distance of a structure,
               road, cemetery, or other activity listed in IC 13-4.1-14-1 [IC 13-4.1 was repealed by P.L.1-1995,
               SECTION 91, effective July 1, 1995.].
     (2) For haul roads:
          (A) a recorded right-of-way, recorded easement, or a permit for a coal haul road recorded as of August 3,
          1977;
          (B) any other road in existence as of August 3, 1977; or
          ( C) any haul road that was in existence or operating at the time an area became protected under IC 13-4.1-14-
          1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.], or at the time of the coming
          into existence, within the prohibited distance of a structure, road, cemetery, or other activity listed in IC 13-
          4.1-14-1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.].
     (b) The interpretation of the terms of a document used to establish a valid existing right is based upon the common law
concerning the interpretation of documents conveying mineral rights. If there is no applicable common law, the interpretation is
based upon the following:
     (1) The usage and custom at the time and place where a document came into existence.
     (2) A showing by the applicant that the parties to the document contemplated the right to conduct the same underground
     or surface activities for which the applicant claims a valid existing right.
     ( c) "Valid existing rights" does not mean the mere expectation of a right to conduct surface coal mining operations or
the right to conduct underground coal mining. Examples of rights which alone do not constitute valid existing rights include, but
are not limited to, coal exploration permits or licenses, applications or bids for leases, or where a person has only applied for a
federal or state permit.
     (d) If an area comes under the protection of IC 13-4.1-14-1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91,
effective July 1, 1995.] after August 3, 1977, valid existing rights are present if a validly authorized surface coal mining
operation exists on that area on the date the protection comes into existence. (Department of Natural Resources; 310 IAC 12-
0.5-139; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1153, eff May 1, 1991, and Aug 1, 1994, except subsection (b))

310 IAC 12-0.5-140  "Valley fill" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 140. "Valley fill" means a fill structure consisting of any material other than coal waste and organic material that is
placed in a valley where side slopes of the existing valley measured at the steepest point are greater than twenty (20) degrees or
the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than ten (10) degrees.
(Department of Natural Resources; 310 IAC 12-0.5-140; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1154, eff May 1, 1991)

310 IAC 12-0.5-141  "Violation notice" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 141. "Violation notice" means any written notification from a governmental entity of a violation of law, whether by
letter, memorandum, legal or administrative pleading, or other written communication. (Department of Natural Resources; 310
IAC 12-0.5-141; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1154, eff May 1, 1991)

310 IAC 12-0.5-142  "Water table" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 142. "Water table" means the upper surface of a zone of saturation, where the body of ground water is not confined
by an overlying impermeable zone. (Department of Natural Resources; 310 IAC 12-0.5-142; filed Feb 16, 1990, 5:00 p.m.: 13
IR 1154, eff May 1, 1991)

310 IAC 12-0.5-143  "Willful violation" defined
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 143. "Willful violation" means an act or omission which violates IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-
1995, SECTION 91, effective July 1, 1995.], this article, another state law, a federal statute, a federal regulation, or an individual
permit condition and which is committed by a person who intends the result which actually occurs. (Department of Natural
Resources; 310 IAC 12-0.5-143; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1154, eff May 1, 1991)

INDIANA ADMINISTRATIVE CODE
TITLE 310.  DEPARTMENT OF NATURAL RESOURCES
ARTICLE 12.  COAL MINING AND RECLAMATION OPERATIONS

RULE 1. GENERAL PROVISIONS
310 IAC 12-1-1           Severability
310 IAC 12-1-2           Enforceability
310 IAC 12-1-3           Definitions (Repealed)
310 IAC 12-1-4           Government-financed highway or other construction; exemption for coal extraction; information
310 IAC 12-1-5           Exemption for coal extraction incidental to the extraction of other minerals
310 IAC 12-1-6           Exemption for coal extraction incidental to the extraction of other minerals; application requirements
                         and procedures
310 IAC 12-1-7           Exemption for coal extraction incidental to the extraction of other minerals; contents of application
                         for exemption
310 IAC 12-1-7.1    Exemption for coal extraction incidental to the extraction of other minerals; public availability of
                    information
310 IAC 12-1-8           Exemption for coal extraction incidental to the extraction of other minerals; requirements for
                         exemption
310 IAC 12-1-9           Exemption for coal extraction incidental to the extraction of other minerals; conditions of exemption
                         and right of inspection and entry
310 IAC 12-1-10     Exemption for coal extraction incidental to the extraction of other minerals; stockpiling of minerals
310 IAC 12-1-11     Exemption for coal extraction incidental to the extraction of other minerals; revocation and
                    enforcement
310 IAC 12-1-12     Exemption for coal extraction incidental to the extraction of other minerals; reporting requirements


310 IAC 12-1-1           Severability
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 1. If any provision of this article or any part thereof is disapproved by the Secretary of the U.S. Department of the
Interior under 30 CFR 732.13(a) and 30 U.S.C. 1253(b), as a part of the review of an Indiana program submittal, such provision
or part thereof shall be deemed to be conditionally withdrawn. The remainder of the Indiana program will be resubmitted under
30 U.S.C. 1253(c) and 30 CFR 732.13(f). Provided, however, in the event that, upon judicial review, under 30 U.S.C. 526(a)(1),
of the Secretary's decision disapproving any such provision or part thereof, the Secretary's decision is overturned by a final
judgment of the United States District Court, such provision will be deemed to have been included in the resubmitted program
and shall be effective as part of the Indiana program. (Department of Natural Resources; PT 700.00; filed Sep 28, 1981, 1:30
p.m.: 4 IR 2224; filed Jun 15, 1995, 1:00 p.m.: 18 IR 2679, eff Sep 1, 1995)

310 IAC 12-1-2           Enforceability
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 2. (a) Notwithstanding any other regulation to the contrary, neither the director nor the commission shall enforce
any provision of the rules promulgated to implement IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective
July 1, 1995.] if any court of competent jurisdiction renders a final judgment which holds that the comparable provision in any
federal regulation promulgated to implement P.L.95-87, the federal Surface Mining Control and Reclamation Act of 1977, is
unconstitutional or otherwise invalid.
     (b) Neither the director nor the commission shall enforce this article until the United States Department of the Interior
has published in the Federal Register notice of approval of Indiana's permanent regulatory program. (Department of Natural
Resources; PT 700.01; filed Sep 28, 1981, 1:30 p.m.: 4 IR 2224; filed Jun 15, 1995, 1:00 p.m.: 18 IR 2679, eff Sep 1, 1995)

310 IAC 12-1-3           Definitions (Repealed)

     Sec. 3. (Repealed by Department of Natural Resources; filed Feb 16, 1990, 5:00 p.m.: 13 IR 1154, eff May 1, 1991)

310 IAC 12-1-4           Government-financed highway or other construction; exemption for coal extraction; information
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 4. (a) Any person extracting coal incident to government-financed highway or other construction who extracts
more than two hundred fifty (250) tons of coal shall maintain, on the site of the extraction operation and available for inspection,
documents which show the following:
     (1) A description of the construction project.
     (2) The exact location of the construction, right-of-way, or boundaries of the area which will be directly affected by the
     construction.
     (3) The government agency which is providing the financing and the kind and amount of public financing, including the
     percentage of the entire construction costs represented by the government financing.
     (b) Coal extraction which is incidental to government-financed construction is otherwise exempt from IC 13-4.1 [IC 13-
4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.]. (Department of Natural Resources; PT 707.12; filed Sep
28, 1981, 1:30 p.m.: 4 IR 2232; filed Jun 15, 1995, 1:00 p.m.: 18 IR 2679, eff Sep 1, 1995)

310 IAC 12-1-5           Exemption for coal extraction incidental to the extraction of other minerals
     Authority: IC 14-34-2-1
     Affected: IC 14-34-1-2

     Sec. 5. Sections 2 through 4 of this rule, this section, and sections 6 through 12 of this rule implement the exemption
contained in IC 13-4.1-1-3(12) [IC 13-4.1 was repealed by P.L.1-1995, SECTION 91, effective July 1, 1995.] concerning the
extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (16
2/3%) of the total tonnage of coal and other minerals removed for purposes of commercial use or sale. (Department of Natural
Resources; 310 IAC 12-1-5; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2143, eff Nov 1, 1993; filed Mar 21, 1995, 2:00 p.m.: 18 IR
1997, eff upon the approval of the Office of Surface Mining and Reclamation of the U.S. Department of the Interior and notice
of that approval being published in the Indiana Register)

310 IAC 12-1-6           Exemption for coal extraction incidental to the extraction of other minerals; application requirements
                         and procedures
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 6. (a) Any person who plans to commence or continue coal extraction after the effective date of this section, in
reliance on the incidental mining exemption, shall file an administratively complete application for exemption with the director
and shall not commence coal extraction until the director has approved the application.
     (b) Operations in existence before the effective date of this section, which have been conducted in reliance upon the
incidental mining exemption before that date, may continue mining operations for sixty (60) days after the effective date. Coal
extraction may not continue after the sixty (60) day period unless that person files an administratively complete application for
exemption with the director. If an administratively complete application for exemption is filed within the sixty (60) day period,
the person may continue extracting coal in reliance on the exemption beyond the sixty (60) day period until the director makes an
administrative decision on the application.
     ( c) The director shall notify the applicant if the application for exemption is incomplete and may at any time require the
submittal of additional information.
     (d) Following publication of the newspaper notice required by section 7(9) of this rule, the director shall provide a
period of at least thirty (30) days during which time any person having an interest which is or may be adversely affected by a
decision on the application may submit written comments or objections.
     (e) Upon making an exemption determination, the director shall complete the following:
     (1) No later than ninety (90) days after filing an administratively complete application, the director shall make a written
     determination whether, and under what conditions, the persons claiming the exemption are exempt under section 5 of
     this rule, this section, and sections 7 through 12 of this rule and shall notify the applicant and persons submitting
     comments on the application of the determination and the basis for the determination.
     (2) The determination of exemption shall be based upon information contained in the application and any other
     information available to the director at that time.
     (3) If the director fails to provide an applicant with the determination as specified in subdivision (1), an applicant who
     has not begun may commence coal extraction pending a determination on the application unless the director issues an
     interim finding, together with reasons therefore, that the applicant may not begin coal extraction.
     (f) For administrative review, the following shall apply:
     (1) Any adversely affected person may request administrative review of a determination under subsection (e) within
     thirty (30) days of the notification of the determination under 310 IAC 0.6-1-4 [310 IAC 0.6 was repealed filed Feb 5,
     1996, 4:00 p.m.: 19 IR 1324.].
     (2) A petition for administrative review filed under 310 IAC 0.6-1-4 [310 IAC 0.6 was repealed filed Feb 5, 1996, 4:00
     p.m.: 19 IR 1324.] shall not suspend the effect of a determination under subsection (e).
(Department of Natural Resources; 310 IAC 12-1-6; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2143, eff Nov 1, 1993; errata filed
Jun 24, 1993, 5:00 p.m.: 16 IR 2620)

310 IAC 12-1-7           Exemption for coal extraction incidental to the extraction of other minerals; contents of application
                         for exemption       {{ 30 CFR 702.12 }}
     Authority: IC 14-34-2-1
     Affected: IC 14-34; 30 CFR 702.12

     Sec. 7. An application for exemption shall include, at a minimum, the following:
     (1) The name and address of the applicant.
     (2) A list of the minerals sought to be extracted.
     (3) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of
     the mining operation.
     (4) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the
     mining area.
     (5) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of
     projected use of the coal and other minerals to be extracted from the mining area.
     (6) The basis for all annual production, revenue, and fair market value estimates.
     (7) A description, including county, section, township, range, and boundaries of the land, of sufficient certainty that the
     mining areas may be located and distinguished from other mining areas.
     (8) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of
     the mining operation.
     (9) Evidence of publication, in a newspaper of general circulation in the county of the mining area, of public notice that
     an application for exemption has been filed with the director. The public notice must identify the persons claiming the
     exemption and must contain a description of the proposed operation and its locality that is sufficient for interested
     persons to identify the operation.
     (10) Representative stratigraphic cross sections based on test borings or other information identifying and showing the
     relative position, approximate thickness, and density of the coal and each other mineral to be extracted for commercial
     use or sale, and the relative position and thickness of any material not classified as other minerals that will also be
     extracted during the conduct of mining activities.
     (11) A map of appropriate scale which clearly identifies the mining area.
     (12) A general description of mining and mineral processing activities for the mining area.
     (13) A summary of sales commitments and agreements for future delivery, if any, which the applicant has received for
     other minerals to be extracted from the mining area or a description of potential markets for such minerals.
     (14) If the other minerals are to be commercially used by the applicant, a description specifying the use.
     (15) For operations having extracted coal or other minerals before filing an application for exemption, in addition to the
     information required in subdivisions (1) through (14), the following information must be submitted:
          (A) Any relevant documents the operator has received from the director documenting its exemption from the
          requirements of IC 14-34.
          (B) The cumulative production of the coal and other minerals from the mining area.
          ( C) Estimated tonnages of stockpiled coal and other minerals.
     (16) Any other information pertinent to the qualification of the operation as exempt.
(Department of Natural Resources; 310 IAC 12-1-7; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2144, eff Nov 1, 1993; filed Mar 27,
1997, 11:30 a.m.: 20 IR 2105, eff Apr 1, 1998)

310 IAC 12-1-7.1         Exemption for coal extraction incidental to the extraction of other minerals; public
                         availability of information        {{ 30 CFR 702.13 }}
     Authority: IC 14-34-2-1
     Affected: IC 14-34; 30 CFR 702.13

     Sec. 7.1. (a) Except as provided in subsection (c), all information submitted to the director under this rule shall be made
immediately available for public inspection and copying and shall be maintained by the director until at least three (3) years after
expiration of the period during which the subject mining area is active.
     (b) The director may keep information submitted to the director under this rule confidential if the person submitting the
information requests in writing, at the time of submission, that it be kept confidential and demonstrates to the director that the
information concerns trade secrets or is privileged commercial or financial information of the persons intending to conduct
operations under this rule.
     ( c) Information requested to be held confidential under subsection (b) shall not be made publicly available until after
notice and opportunity to be heard is afforded to persons both seeking and opposing disclosure of the information. (Department
of Natural Resources; 310 IAC 12-1-7.1; filed Mar 27, 1997, 11:30 a.m.: 20 IR 2106, eff Apr 1, 1998)

310 IAC 12-1-8           Exemption for coal extraction incidental to the extraction of other minerals; requirements for
                         exemption
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 8. (a) Activities are exempt from the requirements of IC 13-4.1 [IC 13-4.1 was repealed by P.L.1-1995, SECTION
91, effective July 1, 1995.] only if all of the following are satisfied:
     (1) The cumulative production of coal extracted from the mining area determined annually as described in this section
     does not exceed sixteen and two-thirds percent (16 2/3%) of the total cumulative production of coal and other minerals
     removed during the period for purposes of bona fide sale or reasonable commercial use.
     (2) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other
     minerals are extracted for purposes of bona fide sale or reasonable commercial use.
     (3) The cumulative revenue derived from the coal extracted from the mining area determined annually shall not exceed
     fifty percent (50%) of the total cumulative revenue derived from the coal and other minerals removed for purposes of
     bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or
     transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or
     other minerals shall be calculated at the time of use or transfer and shall be considered rather than revenue.
     (b) A person seeking, or who has obtained, an exemption from the requirements of IC 13-4.1 [IC 13-4.1 was repealed
by P.L.1-1995, SECTION 91, effective July 1, 1995.], shall comply with the following:
     (1) Each other mineral upon which an exemption under sections 5 through 7 of this rule, this section, and sections 9
     through 12 of this rule is based must be a commercially valuable mineral for which a market exists or which is mined in
     bona fide anticipation that a market will exist for the mineral in the reasonable foreseeable future, not to exceed twelve
     (12) months from the end of the current period for which cumulative production is calculated. A legally binding
     agreement for the future sale of other minerals is sufficient to demonstrate the standard in this subdivision.
     (2) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the
     transaction must be made for legitimate business purposes.
(Department of Natural Resources; 310 IAC 12-1-8; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2145, eff Nov 1, 1993)

310 IAC 12-1-9           Exemption for coal extraction incidental to the extraction of other minerals; conditions of exemption
                         and right of inspection and entry
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 9. A person conducting activities covered by sections 5 through 8 of this rule, this section, and sections 10 through
12 of this rule shall do the following:
     (1) Maintain on-site, or at other locations available to the director, information necessary to verify the exemption,
     including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption
     application and exemption approved by the director.
     (2) Notify the director upon the completion of the mining operation or permanent cessation of all coal extraction
     activities.
     (3) Conduct operations in accordance with the approved application, or, if authorized to extract coal under section 6(b)
     or 6(e)(3) of this rule, before submittal or approval of an exemption application, under the standards of sections 5
     through 8 of this rule, this section, and sections 10 through 12 of this rule.
     (4) The director shall have the right to conduct inspections of any operation claiming an exemption under section 8 of
     this rule.
     (5) The director shall have a right of entry to, upon, and through any mining and reclamation operations without
     advance notice or a search warrant, upon presentation of appropriate credentials.
     (6) The director may, at reasonable times and without delay, have access to and copy any records relevant to the
     exemption.
     (7) The director shall have a right to gather physical and photographic evidence to document conditions, practices, or
     violations at a site.
     (8) No search warrant is required with respect to any activity required under subdivisions (4) through (7), except that a
     search warrant may be required for entry into a building.
(Department of Natural Resources; 310 IAC 12-1-9; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2145, eff Nov 1, 1993)

310 IAC 12-1-10     Exemption for coal extraction incidental to the extraction of other minerals; stockpiling of minerals
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 10. (a) Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time
of its sale, transfer to a related entity, or use:
     (1) up to an amount equaling a twelve (12) month supply of the coal required for future sale, transfer, or use, as
     calculated, based upon average annual sales, transfer, and use from the mining area over the two (2) preceding years; or
     (2) for a mining area where coal has been extracted for a period of less than two (2) years, up to an amount that would
     represent a twelve (12) month supply of the coal required for future sales, transfer, or use, as calculated, based on the
     average amount of coal sold, transferred, or used each month.
     (b) The following requirements shall be for the purposes of determining other minerals:
     (1) The director shall disallow all or part of an operator's tonnages of stockpiled other minerals for purposes of meeting
     the requirements of sections 5 through 9 of this rule, this section, and sections 11 and 12 of this rule:
          (A) if the operator fails to maintain adequate and verifiable records of the mining area of origin or the
          disposition of stockpiles; or
          (B) if the disposition of the stockpiles indicates the lack of commercial use or market for the minerals.
     (2) The director may allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the
     requirements of sections 5 through 9 of this rule, this section, and sections 11 and 12 of this rule, only if both of the
     following are satisfied:
          (A) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry
          practices.
          (B) Except as provided in subdivision (3), the stockpiled other minerals do not exceed a twelve (12) month
          supply of the mineral required for future sales as approved by the director on the basis of the exemption
          application.
     (3) The director may allow an operator to utilize tonnages of stockpiled other minerals beyond the twelve (12) month
     limit established in subdivision (2) if the operator can demonstrate to the director's satisfaction that the additional
     tonnage is required to meet future business obligations of the operator. A legally binding agreement for the future
     delivery of the minerals may be used to make this demonstration.
     (4) The director may periodically revise the other mineral stockpile tonnage limits under the criteria established by
     subdivisions (2) and (3) based on additional information available to the director.
(Department of Natural Resources; 310 IAC 12-1-10; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2146, eff Nov 1, 1993)

310 IAC 12-1-11     Exemption for coal extraction incidental to the extraction of other minerals; revocation and
                    enforcement         {{ 30 CFR 702.17 }}
     Authority: IC 14-34-2-1
     Affected: IC 4-21.5-3-7; IC 14-34; 30 CFR 702.17

     Sec. 11. (a) The director shall conduct an annual compliance review of the mining area, utilizing the annual report
submitted under section 12 of this rule, an on-site inspection, and any other information available to the director.
     (b) If the director has reason to believe that a specific mining area was not exempt under the provisions of sections 5
through 10 of this rule, this section, and section 12 of this rule at the end of the previous reporting period, is not exempt, or will
be unable to satisfy the exemption criteria at the end of the current reporting period, the director shall notify the operator that the
exemption may be revoked and the reasons therefor. The exemption will be revoked unless the operator demonstrates to the
director, within thirty (30) days, that the mining area in question should continue to be exempt.
     ( c) The following shall apply concerning revocation of an exemption:
     (1) If the director finds that an operator has not demonstrated that activities conducted in the mining area qualify for the
     exemption, the director shall revoke the exemption and immediately notify the operator and any intervenors. If a
     decision is made not to revoke an exemption, the director shall immediately notify the operator and the intervenors, if
     any.
     (2) Any adversely affected person may request administrative review of a decision on whether to revoke an exemption
     within thirty (30) days of notification of such decision in accordance with IC 4-21.5-3-7.
     (3) A petition for administrative review filed under subdivision (2) shall not suspend the effect of a decision on whether
     to revoke an exemption.
     (d) The following are requirements for operators:
     (1) An operator mining in accordance with the terms of an approved exemption shall not be cited for violations of this
     article which occurred prior to the revocation of the exemption.
     (2) An operator who does not conduct activities in accordance with the terms of an approved exemption and knows, or
     should know, that such activities are not in accordance with the approved exemption shall be subject to direct
     enforcement action for violations of this article which occurred during the period of such activities.
     (3) Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface
     coal mining operations until a permit is obtained and shall comply with the reclamation standards of this article with
     regard to conditions, areas, and activities existing at the time of revocation or denial.
(Department of Natural Resources; 310 IAC 12-1-11; filed Apr 12, 1993, 11:00 a.m.: 16 IR 2146, eff Nov 1, 1993; filed Mar
27, 1997, 11:30 a.m.: 20 IR 2106, eff Apr 1, 1998)

310 IAC 12-1-12     Exemption for coal extraction incidental to the extraction of other minerals; reporting requirements
     Authority: IC 14-34-2-1
     Affected: IC 14-34

     Sec. 12. (a) Following approval by the director of an exemption for a mining area, the person receiving the exemption
shall, for each mining area, file a written report annually with the director containing the information specified in subsections ( c)
and (d).
     (b) The report shall be filed no later than thirty (30) days after the end of the twelve (12) month period as determined
under the cumulative measurement period.
     ( c) The information in the report shall cover the following:
     (1) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the
     preceding twelve (12) month period.
     (2) The cumulative production of coal and other minerals, and the cumulative revenue derived from coal and other
     minerals.
     (d) For each period and mining area covered by the report, the report shall specify the following:
     (1) The number of tons of extracted coal sold in bona fide sales, and the total revenue derived from the sales.
     (2) The number of tons of coal extracted and used or transferred by the operator or related entity, and the estimated
     total fair market value of the coal.
     (3) The number of tons of coal stockpiled.
     (4) The number of tons of other commercially valuable minerals extracted and sold in bona fide sales, and total revenue
     derived from the sales.
     (5) The number of tons of other commercially valuable minerals extracted and used or transferred by the operator or
     related entity, and the estimated total fair market value of the minerals.
     (6) The number of tons of other minerals removed and stockpiled by the operator.
(Department of Natural Resources; 310 IAC 12-1-12; filed Apr 1