Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 109. (a) Any person conducting underground mining activities shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife, and their habitats and achieve enhancement of those resources where practicable.

(b) No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the secretary or which is likely to result in the destruction or adverse modification of designated critical habitats of these species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.). The permittee shall promptly report to the director any endangered or threatened species which is listed by the state or federal government within the permit area of which the permittee becomes aware. Upon notification, the director shall consult with the United States Fish and Wildlife Service and the division of fish and wildlife of the department. After the consultation, the director shall determine whether, or under what conditions, the permittee may proceed.

(c) A person who conducts surface mining activities shall ensure that the design and construction of electric power lines and other transmission facilities used for or incidental to the surface mining activities on the permit areas are in accordance with the guidelines set forth in Environmental Criteria for Electric Transmission System (USDI, USDA, (1970)). Distribution lines shall be designed and constructed in accordance with REA Bulletin 61-10, Powerline Contacts by Eagles and Other Large Birds. For informational purposes, these two (2) documents are available at the OSM Office, United States Department of the Interior, South Interior Building, Washington, D.C., 20240, at each OSM regional office, district office, and field office, and at the central and field office of the division of reclamation.

(d) No surface mining activity shall be conducted in a manner that would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The permittee shall promptly report to the director, any golden or bald eagle nest within the permit area of that the permittee becomes aware. Upon notification, the director shall consult with the United States Fish and Wildlife Service and the division of fish and wildlife of the department. After the consultation, the director shall determine whether, or under what conditions, the permittee may proceed.

(e) Each person who conducts surface mining activities shall, to the extent possible using the best technology currently available, establish the following:

1. (1) Locate and operate haul and access roads so as to avoid or minimize impacts to important fish and wildlife species or other species protected by state or federal law.
2. (2) Fence, cover, or use other appropriate methods to exclude wildlife from ponds that contain hazardous concentration of toxic-forming materials.
3. (3) Restore, enhance, where practicable, or avoid disturbance to habitats of unusually high value for fish and wildlife.
4. (4) Restore, enhance, where practicable, or maintain natural riparian vegetation on the banks of streams, lakes, and other wetlands areas.
5. (5) Afford protection to aquatic communities by avoiding stream channels as required in sections 91 and 125 of this rule or restoring stream channels as required in section 79 of this rule.
6. (6) Not use persistent pesticides on the area during surface mining and reclamation activities, unless approved by the director.
7. (7) To the extent possible, prevent, control, and suppress range, forest, and coal fires that are not approved by the director as part of a management plan.

8. (8) If fish and wildlife habitat is to be a primary or secondary postmining land use, the operator shall, in addition to the requirements of sections 115 through 122 of this rule, establish the following:

   1. (A) Select plant species to be used on reclaimed areas, based on the following criteria:

      1. (i) Their proven nutritional value for fish and wildlife.
      2. (ii) Their uses as cover for fish and wildlife.
      3. (iii) Their ability to support and enhance fish and wildlife habitat after release of bonds.
   2. (B) Distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed to optimize edge effect, cover, and other benefits for fish and wildlife.
9. (9) Where cropland is to be the alternative postmining land use on lands diverted from a fish and wildlife premining land use and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished.
10. (10) Where the primary land use is to be residential, public service, or industrial, intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs, and trees useful as food and cover for birds and small animals, unless the greenbelts are inconsistent with the approved postmining land use.

(Natural Resources Commission; 312 IAC 25-6-109; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3568, 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)