Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 46. Each plan shall describe how the permittee will minimize, to the extent possible using best technology currently available, disturbances and adverse impacts on fish and wildlife and related environmental values during surface coal mining and reclamation operations and how these values will be enhanced where practicable. If the plan does not include enhancement measures, the plan shall explain why such measures are not practicable. The plan shall comply with the following requirements:

1. (1) The plan shall be consistent with 312 IAC 25-6-46.
2. (2) The plan shall apply, at a minimum, to species and habitats identified under section 29 of this rule.

3. (3) The plan shall include a description of the following:

   1. (A) Any measures necessary to comply with the federal Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.).
   2. (B) Protective measures that will be used during active mining, which may include buffer zones, selective location and special design of roads and power lines, and surface water monitoring.

   3. (C) Enhancement measures that will be used during and after reclamation to develop or improve aquatic and terrestrial habitats, such as the following:

      1. (i) Replacement of streams and wetlands.
      2. (ii) Retention of ponds, impoundments, and depressions that seasonally impound water.
      3. (iii) Establishment of wildlife food and cover vegetation.
      4. (iv) Replacement of perches and nest boxes.
      5. (v) Construction or development of terrain features that provide shelter, cover, protection, or nesting places for wildlife species.

(Natural Resources Commission; 312 IAC 25-4-46; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3455, 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)