Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 141. (a) Prime farmland soils shall be removed from the areas to be disturbed before drilling, blasting, or mining.

(b) The minimum depth of soil and substitute soil materials to be removed and stored for use in the reconstruction of prime farmland shall be sufficient to meet the requirements of section 142(b) of this rule.

(c) Soil removal and stockpiling operations on prime farmland shall be conducted as follows:

1. (1) To separately remove the topsoil or remove other suitable soil materials where the other soil materials will create a final soil having a greater productive capacity than that which existed prior to mining. If not utilized immediately, this material shall be placed in stockpiles separate from the spoil and all other excavated materials.
2. (2) To separately remove the B horizon, C horizon, or other suitable soil material to provide the thickness of suitable soil required by section 142(b) of this rule, except as approved by the director where the B horizon or C horizon would not otherwise be removed and where soil capabilities can be retained. If not utilized immediately, each horizon or other material shall be stockpiled separately from the spoil and all other excavated materials. Where combinations of the soil materials created by mixing have been shown to be equally or more favorable for plant growth than the B horizon, separate handling is not necessary.

(d) Stockpiles shall be placed consistent with section 11(d)(1) through 11(d)(2) or 75(d)(1) through 75(d)(2) of this rule where the stockpiles will not be disturbed or be subject to excessive erosion. If left in place for more than thirty (30) days, stockpiles shall satisfy section 11 or 75 of this rule.

(Natural Resources Commission; 312 IAC 25-6-141; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3586, 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)