Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 53. (a) A remining operation on a site that contains a preexisting highwall shall comply with sections 49 through 52 of this rule, except as provided under this section.

(b) Section 50(a)(2) of this rule does not apply to a remining operation if the volume of reasonably available soil is demonstrated in writing to the director to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall must be eliminated to the extent technically practicable as follows:

1. (1) Spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area.
2. (2) The backfill shall be graded to a slope that is compatible with the approved postmining land use and provides adequate drainage and long term stability.
3. (3) A highwall remnant shall be stable and shall not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate to the director that the highwall remnant is stable.
4. (4) Spoil placed on the outslope during previous mining operations shall not be disturbed if the disturbance will cause instability of the remaining spoil or will otherwise increase hazards to public health, safety, or the environment.

(Natural Resources Commission; 312 IAC 25-6-53; 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)