Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 139. (a) This section and sections 140 through 143 of this rule set forth special performance standards for surface coal mining and reclamation operations on prime farmland.

(b) This section and sections 140 through 143 of this rule do not apply to any of the following:

1. (1) Coal preparation plants associated with underground mines, support facilities associated with underground mines, and roads associated with underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. These uses shall satisfy the following sections of this rule for underground mining activities:

   1. (A) 70 through 74.
   2. (B) 75.
   3. (C) 76 through 96.
   4. (D) 97 through 111.
   5. (E) 112.
   6. (F) 113.
   7. (G) 115 through 133.
2. (2) Disposal areas containing coal mine waste resulting from underground mines that is not technologically and economically feasible to store in underground mines or on nonprime farmland. The operator shall minimize the area of prime farmland used for these purposes.
3. (3) Prime farmland that has been excluded under 312 IAC 25-4-102(a).

(Natural Resources Commission; 312 IAC 25-6-139; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3585, 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)