Authority: IC 14-34-2-1

Affected: IC 14-34-9; IC 14-34-11

Sec. 145. "Surface coal mining operation" means the following:

1. (1) An activity conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements of IC 14-34-11, 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:

   1. (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.
   2. (B) The extraction of coal from a coal refuse pile.
   3. (C) The use of explosives and blasting.
   4. (D) In situ distillation or retorting.
   5. (E) Coal preparation.
   6. (F) The loading of coal for interstate commerce at or near the minesite.

2. (2) Areas upon which the activities described in subdivision (1) occur or where those activities disturb the natural land surface. These areas also include the following:

   1. (A) Any adjacent land the use of which is incidental to any such activities.

   2. (B) 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:

      1. (i) haulage and excavation;
      2. (ii) workings;
      3. (iii) impoundments;
      4. (iv) dams;
      5. (v) ventilation shafts;
      6. (vi) entryways;
      7. (vii) refuse banks;
      8. (viii) dumps;
      9. (ix) stockpiles;
      10. (x) overburden piles;
      11. (xi) spoil banks;
      12. (xii) culm banks;
      13. (xiii) tailings;
      14. (xiv) holes or depressions;
      15. (xv) repair areas;
      16. (xvi) storage areas;
      17. (xvii) processing areas;
      18. (xviii) shipping areas; and

      19. (xix) other areas upon which are:

          1. (AA) sited structures;
          2. (BB) facilities; or
          3. (CC) other property or material on the surface;
      20. resulting from or incident to those activities.

3. (3) Exempted from the meaning of surface coal mining operations are the following activities:

   1. (A) The extraction of coal incidental to the extraction of other minerals, where coal does not exceed sixteen and two-thirds percent (162/3%) of the tonnage of minerals removed for purposes of commercial use or sale.
   2. (B) Coal exploration subject to IC 14-34-9.

(Natural Resources Commission; 312 IAC 25-1-145; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3424, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)