Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 52. In surface coal mining operations where the thickness of the overburden is large relative to the thickness of the coal deposit and where the permittee demonstrates that the volume of the spoil and other waste materials is more than sufficient to restore the disturbed area to approximate original contour, the permittee shall, at a minimum, after restoring to approximate original contour, do the following:

1. (1) Use the spoil and waste materials to attain the lowest practicable grade, but not more than 3:1 (h:v) or such lesser slope as may be necessary to obtain a long term minimum static safety factor of 1.3.
2. (2) Meet the requirements of section 50(a)(2) through 50(j) of this rule.
3. (3) Dispose of any excess spoil in accordance with section 34 of this rule.

(Natural Resources Commission; 312 IAC 25-6-52; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3535, 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)