Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 3. (a) The performance standards in this section are applicable to all coal exploration activities conducted for the purpose of determining the location, quantity, or quality of a coal seam that coal exploration activities substantially disturb the natural land surface as defined at 312 IAC 25-1-142.

(b) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and critical habitats of threatened or endangered species identified under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be disturbed during coal exploration.

(c) Vehicular travel on other than established graded and surfaced roads shall be limited by the person who conducts exploration to that absolutely necessary to conduct the exploration. Travel shall be confined to graded and surfaced roads during periods when excessive damage to vegetation or rutting of the land surface could result. All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of sections 65(b) through 65(f), 67, and 68 of this rule.

(d) If excavations, artificial flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration.

(e) Topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure revegetation or as required by the director.

(f) Revegetation of areas disturbed by coal exploration shall be performed by the person who conducts the exploration, or that person's agent, and shall be accomplished in a manner that encourages prompt revegetation and recovery of a diverse, effective, and permanent vegetative cover. All revegetation shall be in compliance with the plan approved by the director as follows:

1. (1) All disturbed land shall be seeded or planted to the same seasonal variety native to the disturbed area. If the land use of the exploration area is intensive agriculture, planting of the crops normally grown will meet the requirements of this section.
2. (2) The vegetative cover shall be capable of stabilizing the soil surface from erosion.

(g) Small and temporary diversions of overland flow of water around new roads, drill pads, and support facilities shall be diverted in a manner that:

1. (1) prevents erosion;
2. (2) to the extent possible using the best technology currently available, prevents additional contributions of suspended solids to streamflow or run-off outside the exploration area; and
3. (3) complies with all other applicable state or federal requirements.

All other drainage shall be diverted as provided in sections 14 and 15 of this rule.

(h) All facilities and equipment shall be removed from the exploration area when they are no longer needed for exploration, except for those facilities and equipment that the director determines may remain to:

1. (1) provide environmental quality data;
2. (2) reduce or control the on-site and off-site effects of the exploration activities; or
3. (3) facilitate future surface mining and reclamation operations by the person conducting the exploration under an approved permit.

(i) All coal exploration shall be conducted in a manner that minimizes disturbance of the prevailing hydrologic balance in accordance with sections 12 through 26 of this rule. The director may specify additional measures which shall be adopted by the person engaged in coal exploration.

(j) Toxic-forming or acid-forming materials shall be handled and disposed of in accordance with sections 19, 21, 22, and 50 of this rule. The director may specify additional measures that shall be adopted by the person engaged in coal exploration.

(k) All exploration holes, wells, or other exposed openings created during exploration shall meet the requirements of sections 8 through 10 of this rule.

(Natural Resources Commission; 312 IAC 25-6-3; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3509, 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)