Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 136. In addition to sections 5 through 133 of this rule, each person who conducts combined surface and underground mining activities shall comply with the following:

1. (1) A five hundred (500) foot barrier pillar of coal shall be maintained between the surface and underground mining activities in any one (1) seam. The director may, after consultation with the Mine Safety and Health Administration and the Indiana bureau of mines, approve a lesser distance after a finding by the director that mining at a lesser distance will result in:

   1. (A) improved coal resources recovery;
   2. (B) abatement of water pollution; or
   3. (C) elimination of hazards to the health and safety of the public.
2. (2) The vertical distance between combined surface and underground mining activities working separate seams shall be sufficient to provide for the health and safety of the workers and to prevent surface water from entering the underground workings.
3. (3) No combined activities shall reduce the protection provided public health and safety below the level of protection required for those activities if conducted without a variance.

(Natural Resources Commission; 312 IAC 25-6-136; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3584, eff Dec 1, 2001; errata filed Nov 20, 2001, 11:55 a.m.: 25 IR 1182; 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)