Sec. 5. (a) The director may grant a variance from the requirement to restore to approximate original contour set forth in section 3(b)(2) of this chapter if the following conditions exist:

(1) After approval of the appropriate state environmental agencies, the watershed control of the area is improved.

(2) Complete backfilling with spoil materials that maintains stability following mining and reclamation is required to completely cover the highwall.

(3) The owner of the surface knowingly requests in writing, as a part of the permit application, that a variance be granted so as to make the land, after reclamation, suitable for an industrial, a commercial, a residential, a public, or a recreational use.

(4) After consultation with the appropriate land use planning agencies, if any:

(A) the potential use of the affected land constitutes an equal or a better economic or public use; and

(B) the variance is designed and certified by a professional engineer licensed under IC 25-31 and is in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.

     (b) With respect to a variance granted under subsection (a) or under IC 13-4.1-8-4(a) (before its repeal) and in addition to other requirements the commission establishes by rule, the director shall require the following:

(1) Only the amount of spoil will be placed off the mine bench as is necessary to achieve the planned postmining land use.

(2) Stability of the spoil retained on the bench is ensured.

(3) All spoil placement off the mine bench must comply with section 2(b)(25) of this chapter.

     (c) The director shall review all exceptions granted under this section not more than three (3) years after the date of issuance of the permit unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan.

[Pre-1995 Recodification Citation: 13-4.1-8-4.]

As added by P.L.1-1995, SEC.27.